Real Estate PL Topic - Water Rights

Water Rights

Water rights are common-law (historical) or statutory rights held by owners of land adjacent to rivers, lakes, or oceans and are restrictions on the rights of land ownership.

Riparian Rights

Common-law rights granted to owners of land along the course of a river, stream, or similar flowing body are called riparian rights. As a rule, the only limitation on the owner’s use is that such use cannot interrupt or alter the flow of the water or contaminate it in any way. In addition, an owner of land that borders a nonnavigable waterway, (i.e., a body of water unsuitable for commercial boat traffic) owns the land under the water to the exact center of the waterway. Land adjoining commercially navigable rivers, on the other hand, is usually owned to the water’s edge, with the state holding title to the submerged land. (See Figure 2.4.) Navigable waters are considered public highways in which the public has an easement or right to travel.

Littoral Rights

Closely related to riparian rights are the littoral rights of owners whose land borders commercially navigable lakes, seas, and oceans. Owners with littoral rights enjoy unrestricted use of available waters but own the land adjacent to the water only up to the average high-water mark. All land below this point is owned by the government.

Watch this video to review.