What is the difference between riparian and prior appropriation water rights?
Riparian and prior appropriation water rights are two distinct types of water rights in Pennsylvania. Riparian rights are based on the common law principle that those with land adjacent to a water source have a right to reasonably use the water. This could include for irrigation, recreational activities, and other domestic and agricultural uses. Unlike riparian rights, prior appropriation rights are based on the "first in time, first in right" doctrine. This means that the water right is only granted to the first party to put the water to reasonable beneficial use. In Pennsylvania, while riparian rights are rarely (if ever) granted, prior appropriation rights are often granted. The main difference between riparian and prior appropriation water rights is that riparian rights are based on land ownership, while prior appropriation rights are based on who first puts the water to beneficial use. Riparian rights are not transferable, so any changes to the ownership of the land would alter the right. Prior appropriation rights are transferable, so the right can be transferred from one party to another. Riparian and prior appropriation water rights are both important for water resource management in Pennsylvania. They provide a way for the state to ensure reasonable access to water resources for all users, while keeping the rights of individual landowners in mind.
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