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

In South Carolina, water law is governed by both common law and statutory law. Common law is a set of rules developed over time in court cases and court decisions, while statutory law is laws passed by the South Carolina legislature. Common water law in South Carolina includes the riparian rights doctrine, which means that riparian owners, or those who own land abutting a body of water, have the right to the reasonable use of the water for activities such as irrigation, recreation, and navigation. Common water law also includes the prior appropriation rule, which holds that the first person to appropriate a water resource has the right to continue to use it, as long as they do not diminish the natural supply. Statutory water law in South Carolina includes the laws passed by the South Carolina legislature. These laws provide regulations such as setting water usage limits, defining water resource type categories, establishing environmental standards, and determining the various interests in water resources. Common and statutory water law in South Carolina interact through the development of state laws and regulations that interpret and enforce the common law. For example, if a court decides that a riparian owner has a right to the reasonable use of a water resource, the state legislature can pass laws to define what types of activities constitute reasonable use. Additionally, the state legislature can pass laws to establish environmental regulations that protect the natural supply of water resources.

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