What are the types of water rights held by users?
In Massachusetts, there are three main types of water rights held by users: riparian rights, appropriative rights, and public trust rights. Riparian rights are based on the principle that those who own land next to bodies of water have the right to use that water. People with riparian rights have the right to use the water for reasonable purposes on their own property. Appropriative rights are also known as “prior appropriation”. This type of water right is allocated based on the first-come, first-serve basis. People that use water before others are granted the first rights of priority. Lastly, public trust rights are managed by the government and used in a manner that is beneficial to the public. Public trust rights are often used for recreational activities such as boating, fishing, and swimming. In Massachusetts, the Department of Environmental Protection is responsible for establishing and enforcing water law. They are in charge of allocating water rights in accordance with both state and federal law.
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