natural channel under the common law of riparian rights
. (244) The
Landowners along the river had riparian rights
, and many more Owens
(66) These riparian rights
did not create a property interest in the water itself but rather a right of use that is appurtenant to the ownership of riparian lands.
2.72-79 (treating these natural modes of acquisition just after the discussion of riparian rights
); see also J.
As discussed below, First Nations in Alberta assert their rights to water in Canadian law under either claims of Aboriginal title, Aboriginal rights, treaty rights or even riparian rights
In an important point, however (and one that became a basis for PG&E's appeal), Herzinger further ruled that PG&E also could claim Hat Creek riparian rights
due to the company's land-lease arrangement (through Mt.
Many of the previous comments regarding groundwater rights apply to riparian rights
as well because they too run with the land.
arrangements on international rivers for sharing of water rights among the riparian countries for electricity production, among other uses.
In the past, riparian rights
in the American West have followed the principles of "first come, first served" and "use it or lose it": If you don't divert water from a stream for some use, you lose your right to it.
And the United Usk Fishermen's Association, which represents landowners and fishermen with riparian rights
, says it is 'disappointed and saddened' because the agreement largely avoided conflict of interests, protected fish stocks, and was a clear way of recognising when permission could be sought by canoeists to gain access to, and paddle on, the river.
New Jersey has argued that it has sole jurisdiction according to a 1905 agreement between the two states on riparian rights
. New Jersey sued Delaware and the case is now in front of the U.S.
But Mr Cartwright believes the council are more concerned about 'riparian rights
' - which relate to the ownership of land lying between properties and rivers.