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.

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