How does riparian law relate to prior appropriation law?
Riparian law and prior appropriation law are two different ways of regulating water usage in North Carolina. Riparian law is based on the idea that landowners have a right to use water flowing through or adjacent to their property, while prior appropriation law is based on the idea of “first come, first served” – those who were first to use water from a certain source have priority over those who use it later. In North Carolina, riparian law applies broadly to surface water, such as streams, lakes, and wetlands. It is based on the idea that water – like other natural resources – is held in common and that all the people who use it must share it responsibly. It’s important to note that riparian law does not grant landowners exclusive rights to water, and they cannot use it to the exclusion of others. On the other hand, prior appropriation law is most often used to regulate the use of groundwater. It stipulates that when multiple people seek to use the same source of water, the person who put the water to its intended use first has priority. This means that those who later use the water – which could be for irrigation, industry, or other uses – must use it in a way that does not interfere with the rights of those who were first. In North Carolina, both riparian law and prior appropriation law are used to regulate water use. They reflect two different ways of thinking about how water should be shared and used responsibly.
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