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

Common law and statutory law interact in Virginia water law in several ways. Common law has been the primary source of water law in the state since the early 19th century. This type of law is created through the interpretation of court decisions. Virginia courts have long recognized that the state’s common law of riparian rights allows riparian owners (owners whose property borders a surface body of water, such as a river or stream) to make reasonable use of water on their property. Statutory law, on the other hand, is created by legislative bodies like the Virginia General Assembly. Statutory law can both supplement and supersede common law in Virginia. For example, in 2015 the Virginia General Assembly adopted the Virginia Surface Water Management Act, which regulates stormwater management and water quality. The act provides a comprehensive framework for protecting rivers, streams, and other surface waters within the state. In certain cases, the act has been used to both clarify and reinforce existing common law principles related to water law in Virginia. In short, common law and statutory law interact in Virginia water law in many ways. Common law provides the foundational legal principles that are then enhanced and clarified by statutory law. This dual system of law ensures that the state’s waters are protected and that the rights of riparian owners are respected.

Related FAQs

How does international water law differ from domestic water law?
What are the different methods of harvesting ground water?
What is the procedural mechanism of enforcing water law?
What is water conservation?
How does the law of riparian succession affect water rights?
What is water rights adjudication?
What are the challenges of enforcing water law?
What is the Safe Drinking Water Act?
What is riparian law?
How is water quality maintained?

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

Related FAQs

Related Blog Posts