How is water rights ownership evaluated?

In North Carolina, water rights are regulated by a system called riparian water rights. This system says that water rights are typically owned by the owners of land that borders a body of water. Under this system, landowners have the right to use the water reasonably and for any legal purpose, provided that their use does not injure the rights of other landowners. The evaluation of a water rights ownership is based on a few factors. First, the ownership must be proven with a deed or other legal documentation. The documentation must show that the person or entity owns and controls the land that borders the water in order to have water rights. Second, the evaluation looks at the land’s connection to the water. In order to have water rights to a certain body of water, the land must either be an upland, which is directly connected to the body of water, or a riparian, which is adjacent to it and has indirect access to the water. Third, the water rights are also evaluated based on the type of water. For example, a riparian landowner may own the rights to use the surface water, but not the ground water, or vice versa. Finally, water rights are evaluated based on the level of use needed. Landowners may have the right to access the water for domestic use, such as drinking or bathing, but not commercially, such as to sell or distribute it. In summary, the evaluation of water rights ownership in North Carolina is based on a few factors, including the legal documentation of ownership, the land’s connection to the water, the type of water rights, and the level of use needed.

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