subject: Riparian Rights to Water Bounding Property [print this page] Riparian Rights to Water Bounding Property
Riparian rights are specific rights that a property owner has to the use or restriction on those who use water bordering his asset. These rights are usually set by state law conferring rights, privileges and obligations to the use of the water by other people. The principles of the riparian rights carry the necessity of property ownership bordering on water. The ownership of land that touches a water body creates some natural rights with water bodies which can be still or flowing.
The nature and extend of riparian rights is dependent on whether the water is navigable or not. The state policy as to the ownership of water resources and the subsequent right to it has influenced the use or restriction for use of certain water resources. The riparian owners of water resources have a right to reasonably use the water resources to produce food through irrigation, water their stock and other related ordinary activities.
When the water is navigable, the riparian property owner may practice damming, diverting, and consuming the water. Such people have the rights to fish and collect minerals from the water body. The riparian right is bounded or traversed by a natural stream or body of water. When part of riparian asset is cut off, and the partitioned section is not traversed by a stream which is natural in nature, such cannot be classified to be governed by riparian rights. If repartition is done and the section which had lost the rights gets back the given features, the riparian rights cannot revert back to the original grantor
Another requirement for riparian property is that it should be located within the reach of the watershed of the respective riparian waters. The part of the property that's very close to the riparian water qualifies as a riparian assets and not the portion that is further away. The middle part of the property may qualify depending on the distance from the water.
Furthermore, water placed in artificial streams or waterways is not subject to riparian rights. Also, the waters of an artificially build dam are not subject to riparian ownership. If a dam unlawfully blocks water onto another person's land that owner may act as a riparian owner and has all rights to divert and use the water that comes onto his land.
In summary: Riparian rights confer riparian property owners some certain rights to control or restrict the use of water resources bordering his land. These laws are mainly formulated by the respective governments. When determining whether an asset qualifies to be riparian asset, many aspects are looked at. The distance between the water body and the property owned by that particular land owner is put into consideration. Further, the fact that the water body is manmade or natural also plays a bigger part in determination. Riparian rights are real rights which are considered natural property by the laws of many countries. The water touching a personal land is considered to offer the owner of the land the riparian rights.
