How does the “doctrine of gains” affect water law?

The “doctrine of gains” is a principle in water law which is recognized in the state of New York. It is used to determine the rights of landowners when it comes to the control and use of water resources. The doctrine of gains holds that any gain that is made in terms of the water resources of one landowner, known as the dominant estate, must be shared with the adjacent landowner, known as the servient estate. This includes situations where the dominant estate has caused an increase in the flow of water above its natural flow, such as through the construction of a dam or other form of water control. In these cases, the dominant estate will be obligated to compensate the servient estate for any increase in the flow of water due to the actions of the dominant estate. This principle helps to ensure that both parties are able to benefit from the increased flow of water. It also serves to encourage land owners to take an active role in protecting and managing their water resources. Overall, the doctrine of gains serves to ensure that both land owners benefit when control of water resources is altered by one party. It helps to promote cooperation between parties and an understanding of the shared responsibilities of managing and protecting water resources. This is an important principle in New York’s water law, as it helps to ensure that all parties benefit from water resources and that water resources are managed responsibly.

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How does the “doctrine of gains” affect water law?

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