How does riparian law relate to prior appropriation law?
Riparian and prior appropriation law are two distinct systems of water law that are practiced in the state of Alabama. Riparian law refers to a system of water law based on the common law notion that a person who owns land along a river or stream also owns the riparian rights to the water flowing through it. In other words, the owner of the land is entitled to use at least some of the water from the river or stream for a variety of purposes. Prior appropriation law, on the other hand, is based on the principle that the first person to "divert and use" a waterway has the superior right to continue to use it. Under this system, prior appropriators have the right to use the water for their own use; however, they must not interfere with the rights of other prior appropriators. The two systems of law differ in how they handle potential conflicts between those who own land and those who wish to use the water flowing through it. Under riparian law, the rights of the landowner are paramount; however, prior appropriation law gives rights to the first appropriator of the water, and these rights take priority over the rights of the landowner. As a result, while riparian law offers more protection to landowners, prior appropriation law offers greater protection to users of the water.
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