What is riparian water rights priority?
Riparian water rights priority is a concept of water law that is unique to South Carolina. It is based on the idea that a riparian landowner has the right to use and benefit from the water on their land, such as using it for irrigation, drinking, recreation, or other purposes. Under this doctrine, when two or more riparian landowners need to use the water for reasonable and beneficial purposes, the one with the first right to the water is determined by the priority in which they acquired their land. Essentially, the first landowner to acquire their parcel of land has the right to the water before the one who acquired it afterwards. This ensures that those who bought their property first can use the water for their own purposes without fear of interference from downstream landowners. The only exception to this priority system occurs when riparian landowners agree upon a different determination of their rights. In this instance, the agreement is deemed legally binding.
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