What is the doctrine of reasonable use?
The doctrine of reasonable use is a legal concept in water law that is used to regulate the use of surface water in Vermont. This doctrine is based on the idea that a person should be able to reasonably use water for his/her own benefit without any detriment to others. The doctrine of reasonable use is designed to ensure that the rights of individuals are balanced with the needs of the public. This doctrine sets out the scope of the rights of individuals to draw surface water and measures how much of the water should be diverted. The doctrine also states that if an individual is exercising his/her water rights, then they must act in a reasonable and prudent manner, not hindering the rights of others. In Vermont, the doctrine of reasonable use has been adopted and codified in the Vermont Statutes Annotated. Under this law, any diversion of more than 250,000 gallons of water per day requires a permit from the Department of Environmental Conservation. The use of the water must also be reasonable, meaning it must be used for the purpose for which it was intended and not be excessively wasteful. In summary, the doctrine of reasonable use in water law in Vermont ensures that people can use surface water in a responsible way while protecting the interests of the public. This doctrine helps to ensure that individuals can make reasonable use of water without infringing on the rights of others.
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