What is the doctrine of equitable estoppel?

The doctrine of equitable estoppel is a legal principle in Oregon Water Law which prevents a person from denying something which the person had previously affirmed or accepted. It is based on the idea that it is unfair for someone to vacillate in asserting a claim or denying a fact which could affect another person’s rights. For example, if a stream was determined to be navigable and open to the public in Oregon, a property owner living nearby may not then later deny this fact to gain an advantage. To do so could be seen as a form of quantitative estoppel, as the property owner was initially aware of and accepted the fact that the stream was navigable. Over the years, courts in Oregon have used the doctrine of equitable estoppel in a variety of water law cases. For example, in the 1993 case of Whalen v. Lull, the Oregon Supreme Court used the doctrine to determine the scope of a water right. It ruled that a water right holder was unable to reduce the amount of water it was using, despite the fact that the water right holder had accepted the amount of water for the prior ten years. The doctrine of equitable estoppel has become increasingly important in Oregon water law as time progresses. As court decisions are often based upon the acceptance or rejection of a fact or opinion, it is necessary for water law to take into account the fairness of these decisions. This legal principle ensures that people are held responsible for statements they make in the past and that no one will benefit unfairly from a sudden change in a position.

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What is the doctrine of equitable estoppel?

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