What is the “doctrine of gains”?

The doctrine of gains is a legal principle that is applied to water law in South Carolina. This doctrine states that a water user may be entitled to compensation if a new construction or alteration of the existing use of a water resource has been beneficial to another landowner or user of that same resource. This doctrine is largely based on the principle of fairness and equity in the use of water resources. For example, if a person has built a dam on a stream thereby increasing the flow of water downstream to the benefit of a downstream user, that downstream user may be able to sue for some type of compensation for the increase in flow they have received from the upstream user. This legal doctrine is applied in order to promote fairness in water usage and to ensure that the waters of the state are shared equitably among all users. The doctrine of gains is based on a theory of equitable distribution of the benefits of water resources. It states that if one water user is benefiting from the use of a water resource, they should pay their fair share to the other water users or landowners that are also using the shared resource. This doctrine is especially important in states like South Carolina, where water resources are considered a public good.

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What is the “doctrine of gains”?

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