TAILIEUCHUNG - Encyclopedia of Global Resources part 142

Encyclopedia of Global Resources part 142 provides a wide variety of perspectives on both traditional and more recent views of Earth's resources. It serves as a bridge connecting the domains of resource exploitation, environmentalism, geology, and biology, and it explains their interrelationships in terms that students and other nonspecialists can understand. The articles in this set are extremely diverse, with articles covering soil, fisheries, forests, aluminum, the Industrial Revolution, the . Department of the Interior, the hydrologic cycle, glass, and placer mineral deposits. . | 1316 Water rights Global Resources are developed from- systems of law tradition and custom that vary in important ways across countries regions and time periods. Consequently how water rights are defined varies as well depending on a number of economic social political and cultural factors. American definitions of water rights contain elements of English common law and French civil law. Background To govern rights regarding surface waters two fundamental systems of water law have emerged over time riparian law and appropriative law. Water rights are defined quite differently under the two systems. The key issues concerning the definition of water rights are how they are acquired how they are maintained over time or conversely lost and to what precisely the owner has title. Riparian Law Where the legal system is based either on civil law or on traditional English common law surface water rights are based largely on riparian principles. Such regions include France England and the eastern United States. Under riparian regimes water rights are based on ownership of adjacent land which entitles the claimant to the use of the water rather than actual ownership of a specific quantity of water. In most cases that use must not unreasonably infringe upon the rights of other claimants to the same source. Furthermore the water may not be diverted for use on nonriparian lands. All riparians along a waterway enjoy coequal status in the sense that all share in the benefits and all must absorb the hardships inflicted by shortages when they occur. Riparian rights are maintained over time simply by maintaining ownership of the adjacent land. It is important that riparian rights are typically not forfeited if the water is not actually being used. Riparian rights may however be condemned for public uses if a public entity exercises its right of eminent domain. In addition a riparian right may be forfeited if the riparian does not contest an upstream diversion that inflicts damages. In

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