What are the various types of water rights?

Water rights in New York are based upon the doctrine of Prior Appropriation, which states that water rights are gained by the first person to use the water, or by purchasing the right from someone who has obtained it. Thus, in New York, there are three primary types of water rights: riparian rights, public trust rights, and appropriative rights. Riparian rights are granted when a property is located on a waterway, such as a river. These rights are limited only to the water located on the property, and do not extend out into the public waters. Public trust rights allow all residents of New York to access and use water bodies, like rivers and lakes, for recreational activities. Residents are not allowed to take possession of the water, but can access it for recreational use, such as fishing and boating. Lastly, appropriative rights allow for the use of water for specific, beneficial uses, such as irrigation, hydroelectric power, and other industrial purposes. These rights are acquired through special permits granted by the state in accordance with its utilization of water for public purposes. In addition to the above three primary types of water rights, the doctrine of public necessity also plays a role. Under this doctrine, the state can take private water rights for projects that are deemed to be in the public interest. Overall, each of these different types of water rights has varying degrees of limitations and restrictions, depending on the state, the size of the water body, and the purpose of the water use. Therefore, it is important for individuals to understand the laws and regulations regarding water rights before engaging in any activity related to the use of water.

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