What is the law of riparian succession?

Riparian succession is a legal term used in the state of Washington to describe the body of laws which govern the legal rights and obligations which attach to surface water that falls on, flows through, or rises out of a specified area. The rights and obligations of riparian succession are established through a combination of common law, state statutes, and federal regulations. Riparian succession is based upon the idea that water rights should be allocated fairly, and those with prior use of the water should receive preferential treatment. At the most basic level, riparian succession grants riparian users the right to reasonably and beneficially use the water for purposes approved by their local government. With regard to water rights, riparian succession is shaped by a variety of factors such as the location and condition of the waterway, the amount and quality of the water, the desire and ability of the users to use the water, and the impact of the use on other riparians. Riparian succession grants riparian users the right to share in any increases or improvements in the quality and quantity of the water, as well as any decreases or discouragements. This allows them to support the development of economically beneficial uses of the water while protecting their own interests. It also helps ensure that the water is used in a responsible manner, in order to protect the public’s health and welfare. In Washington, these rights and obligations are regulated by the Department of Ecology.

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