How does the law of riparian succession affect water rights?
The law of riparian succession affects water rights in Pennsylvania by determining who may lay legitimate claim to water within the state. The law is based on the principle of prior appropriation, which holds that the first to take use of the water has prior right to it. In Pennsylvania, it is believed that the right to use of water follows the ownership of the land which touches it. If a person acquires ownership of land that touches water, the water rights pass to them. The law of riparian succession is used to identify the riparian owner of a stream or lake. A riparian owner is a landowner who has access to and the right to use the water from a stream or lake that runs through or abuts their land. This includes the right to use the water for recreational and domestic purposes as well as the right to use it for irrigation. The law of riparian succession gives riparian owners the right to object to other uses of the water on their property. While riparian owners do have the legal right to use the water on their property, they cannot legally deny the right of access to a neighboring property owner. Under the law, a court may order the riparian owner to make reasonable accommodations to the neighboring property owner if they wish to use the water. The law of riparian succession can also be used to settle disputes over water usage between riparian owners, as the court will decide who has the legal right to use the water. In this way, the law of riparian succession provides a fair and equitable way to determine water rights in Pennsylvania.
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