What are the various types of water rights?
In Pennsylvania, there are three types of water rights: riparian rights, overlying rights, and miscellaneous rights. Riparian rights are based on the rights of owners of land that borders a body of water, such as a lake, river, or stream. These owners are allowed to use the water for various purposes, such as irrigation, navigation, and recreation. Overlying rights are rights that allow landowners to use water underneath their property. This includes both groundwater and water that flows through a stream or other body of water on the property. Lastly, miscellaneous rights include rights granted to those who need to use water for specific purposes, such as a reservoir or public water supply. Riparian and overlying rights come with some restrictions. For example, riparian rights owners must not disrupt the reasonable use of the water by other riparian owners. Additionally, certain rights may be regulated or prohibited by the state, such as discharging waste into public waters. Those who are granted overlying rights are typically restricted in how much they can use or take from the water source. These water rights are backed by laws that ensure people have the right to use water for reasonable uses. The state also has rules to protect the environment from any harmful effects of overusing water rights. Ultimately, water rights are necessary to ensure that people are able to access the water they need for basic needs or commercial uses.
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