
What is riparian land?
Land that is:
1. Adjacent to a watercourse, and
2. In the same watershed (drains into same
watercourse).

Rights of Non-Riparians
None!

Absolute Rights of Riparians
1. Unlimited, if no effect on flow
▪
No restriction on use of water

Absolute Rights of Riparians
1. Unlimited, if no effect on flow
2. Domestic use, even if effect on flow

Correlative Rights (non-domestic use) of
Riparians
1. Natural Flow – common law approach

Correlative Rights of Riparians
1. Natural Flow
2. Reasonable Use – modern approach

Rights to water obtained by:
1. Prior Use – traditional approach

Rights to water obtained by:
1. Prior Use
2. Permit from Government – modern approach

How fit with riparian system?
1. Colorado Doctrine – abolish riparian rights

How fit with riparian system?
1. Colorado Doctrine
2. California Doctrine – riparian rights coexist
with prior appropriation rights
1.
Navigable
2.
Tidal
Commerce Clause of U.S. Constitution gives federal
government servitude over all navigable waterways
which is superior to private rights.
Mt. Herman Boy’s School – The Chateau
1894 Football Team

Approaches:
1. Source of Title

Approaches:
1. Source of Title
2. Unity of Title
Coffin House – now a National Landmark
Coffin House – now a National Landmark
Plaintiff
build dam
Defendant
tore down
dam