What are the types of water rights held by users?

Water rights, or the legal right to use water, vary from state to state, including New York. In New York, water rights are based on two types of rights: riparian rights and appropriation rights. Riparian rights grant the right to access, use, and enjoy water based on land ownership. Each riparian user has a legal right to a “reasonable use” of the water flowing across, on, or through their land. This means that they can draw a certain amount of water for home use, agriculture, recreation, and other activities that would not affect the use by other riparian landowners. Appropriation rights, also known as “usufructuary” rights, are granted by the state to individuals or organizations to draw a specified amount of water for their own use. In New York, this type of water right is mainly used for larger-scale uses such as public water supply, industrial plants, and irrigation. Appropriation rights are granted to those with “beneficial” uses, meaning that their use of the water will provide an economic or other benefit to the public. In summary, water users in New York can hold either riparian or appropriation rights. Both grant the user the legal right to use a certain amount of water for personal or public use.

Related FAQs

How does the doctrine of reasonable use affect water rights?
What is the Safe Drinking Water Act?
How does water law interact with energy law?
What is water availability and allocation?
How is ground water harvested?
What is the role of the judiciary in water law?
What is the procedural mechanism of enforcing water law?
What is the role of water law in promoting the conservation of natural wetlands?
What is the law of capture?
What is groundwater law?

Related Blog Posts

What is Water Law: A Comprehensive Guide - July 31, 2023
How to Effectively Negotiate Water Rights - August 7, 2023
Exploring the Different Types of Water Rights - August 14, 2023
An Overview of the Laws and Regulations Governing Groundwater - August 21, 2023
A Guide to the Doctrine of Prior Appropriation - August 28, 2023