What is the doctrine of reasonable use?

The Doctrine of Reasonable Use is a fundamental principle of water law in Tennessee. It states that a water user has the right to make a reasonable use of water from sources that they own or control - so long as it is not to the harm of other users. This principle allows water users to use only the amount of water that is necessary for their own legitimate purposes. The reasonable use of water can be affected depending on the season and the conditions of the various water resources. An important concept in this doctrine is that of “prior appropriation,” which is based on the idea that a water user who was the first to put the water to a beneficial use has the senior right to use that water. When multiple uses of water arise, the water resource is typically divided between the users according to the priorities of the rights holders. The Doctrine of Reasonable Use also provides that a water user cannot take more water from a certain resource than the resource can physically support. In cases of dispute between water users, the courts may decide the case based on the Doctrine of Reasonable Use. If a certain user is found to be in violation of this principle, the court may order them to reduce their use of the resource or limit it in some other manner. Overall, the Doctrine of Reasonable Use is an important part of Tennessee water law and helps to ensure that the rights of all water users are respected. This doctrine helps to protect the rights of those who first made use of a water resource, while also making sure that the resource is not overused or misused.

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