What is the doctrine of reasonable use?
The doctrine of reasonable use is an important concept in water law in the state of Missouri. This doctrine is used to determine how water is allocated when multiple people want to use the same source of water. Under this doctrine, the court must decide that a reasonable balance is struck between the competing interests of different users. The doctrine maintains that users must not be allowed to use the water in ways that impede the reasonable use of the water by others. In Missouri, the doctrine of reasonable use is applied to all public waters, such as rivers, creeks, and lakes. When multiple people want to use the same source of water, the court must decide how to allocate the water between them. The court must consider the interests and potential harms of each user and determine the best way to balance their interests. That is, the court must decide which uses of the water are reasonable and which are not. Generally, the court will take into consideration the historical uses of the water, the needs of the different users, the local environment, and the cost of potential alternatives. The court also considers trends in future use and the cumulative impacts of the different users on the water source. Ultimately, the court must decide which uses of the water are reasonable and which are not. It is up to the court to balance the interests of each user and ensure that no user uses the water in a way that harms the reasonable use of the water by others.
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