How does the doctrine of reasonable use affect water rights?

The doctrine of reasonable use, sometimes referred to as the “doctrine of reasonable use of water”, is a legal principle with regards to water rights in North Carolina. The doctrine of reasonable use states that a riparian owner of a body of water has the right to make reasonable use of that body of water for any purpose, so long as it does not unreasonably interfere with the rights of other riparian owners. This means that the amount of water taken by one riparian owner, or the manner in which the water is used, must not prevent other riparian owners from having access to an adequate supply of water. The doctrine of reasonable use is an important part of North Carolina water law. This doctrine is used to balance the needs of riparian owners, meaning those who own land touching or near to a body of water, who have different needs and interests related to a body of water. All riparian owners must use the water in a manner that is fair and reasonable to all owners, and must take into consideration the potential impact of their water use on other riparian owners. The doctrine of reasonable use is also related to the concept of “prior appropriation” which states that the first person to take water from a water source has a priority right to the water over later users. Thus, if a riparian owner uses their water in a manner that conflicts with the prior appropriation rights, then that person’s water rights will be limited or taken away. This helps to limit conflict between riparian owners and ensures that everyone is considered fairly with respect to their water use.

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