What is the “doctrine of gains”?

The “Doctrine of Gains” is an important principle of water law in New York. This doctrine holds that when an individual uses even a small amount of water from a shared source, they have the right to any gains that occur from their use, regardless of whether the other users benefit from the change or not. This principle applies to a wide variety of water resources, from lakes, rivers, and streams to groundwater aquifers. It holds that if a person uses a shared water source for any of their own benefits, such as irrigation or water for livestock, they are entitled to any gains in quality or quantity that occur as a result. For instance, if someone diverts water from a shared lake to irrigate their crops, they can enjoy any increased crop yields as a result, even if no one else using the lake reaps any benefits. Another example of the “Doctrine of Gains” in action is in the case of certain rivers and streams that dry up during different parts of the year. If a person uses water from a source that dries up when other users no longer need it, that person is entitled to the gains in water availability that may occur as a result of their use. The “Doctrine of Gains” is an important legal concept that ensures that individuals who make responsible use of water resources reaps the benefits of their actions. This principle has been in effect in New York since the early 1800s, and is still applied to water rights cases today.

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What is the “doctrine of gains”?

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