How do common law and statutory law interact in water law?

Common law and statutory law both affect water law in Arizona. Common law is based on English common law and established by courts as precedent. Common law applies civil and criminal matters in Arizona as long as the state has not passed legislation that changes or negates the common law rule. Statutory law, on the other hand, is enacted by the state legislature. Statutes supersede common law rules if the two conflict. In Arizona, water law is largely based on common law, which governs the rights of landowners to use surface and groundwater, the right of water diversion, and the right to use water for certain purposes. In addition, the common law doctrine of prior appropriation has been established in the state, providing for water usage rights to those with earliest priority. However, statutory law has supplemented the common law provisions in some respects. For example, Arizona statutes have established water districts and other regulatory bodies to manage the development and usage of water resources. Statutory law has also put in place civil and criminal penalties for the unauthorized diversion and misuse of water. In summary, common law and statutory law interact in Arizona water law because common law establishes many of the rights and duties regarding water usage, while statutory law adds additional regulations and oversight. The combination of common law and statutory law helps to ensure the reasonable and equitable distribution of water resources in Arizona.

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How do common law and statutory law interact in water law?

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