What is the difference between riparian and prior appropriation water rights?

Riparian and prior appropriation water rights refer to two distinct water rights systems used to manage water resources in Alabama. Under the riparian system, water rights are based on the amount of land owned by a riparian owner, or one who has land that borders a body of water, such as a lake, stream, or river. Riparian owners have the right to take water from their own property line up to the high water mark of the body of water. This system also allows for “reasonable use” of water by other riparian owners, so long as it does not interfere with the rights of the original riparian owner. The prior appropriation water rights system is based on a “first in time, first in right” doctrine. This means that when water use begins, the person who establishes the first appropriation right owns the water right. That person, or organization, will have the exclusive right to use the water from that location for as long as the water is needed or wanted. Any other users must respect the original appropriation right and must not interfere with the original user’s right to the water. In Alabama, riparian water rights are commonly used in alluvial streams, rivers, and lakes, while prior appropriation is typically used in areas where non-navigable watersheds exist. Both systems are important to help manage water resources in the state, and provide stakeholders with methods of protection from the potential misuse of the water resource.

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What is the difference between riparian and prior appropriation water rights?

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