What is the doctrine of reasonable use?

The doctrine of reasonable use is a central concept in North Carolina water law. It states that all persons who own or use water in the state have the right to reasonable use of the water within the watershed, regardless of who holds legal title to the water. This means that the owner of the water must not unreasonably interfere with the use of the water by other persons within the watershed. All users of the water have the responsibility to use it in a reasonable and non-destructive manner. The doctrine of reasonable use applies to both surface and groundwater. It is based on the idea that division or sharing of the water among different users within the watershed is necessary for preservation of the resource. This includes considerations about potential effects to the quality and quantity of the water, which can be impacted by certain activities in the watershed. The doctrine of reasonable use also recognizes that multiple uses of the water may be necessary for the benefit of different users while still protecting the water. In order to determine what is considered reasonable use of the water, North Carolina courts examine the particular facts and circumstances of each situation on a case-by-case basis. Generally, courts look at the existing use of the water by the upstream and downstream users, the impact a new use may have on those users, and the public interest. Courts have also ruled that reasonable use must be based on the natural flow and quality of the water and respect the rights of downstream users.

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What is the doctrine of reasonable use?

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