Agriculture is a major user of groundwater and surface water in the United States, accounting for about 80% of the country`s water consumption and more than 90% in many Western states. Water used in agricultural production is usually extracted from surface water such as rivers, lakes, streams and ponds, or from groundwater stored in aquifers. Under certain circumstances, agricultural water is also obtained directly from precipitation and stored in upper or underground cisterns. In some States, surface waters, lakes, rivers and springs are treated differently from groundwater extracted by drilling; In other countries, however, surface and groundwater are managed subjunctively. In New Mexico, for example, surface and groundwater have been jointly managed since the 1950s. This trend stems from a growing scientific understanding of the once mysterious behavior of groundwater systems. For example, the gradual contamination of some water supplies by salt is explained by the fact that the withdrawal of water from a well causes gradual infiltration into the well area, which can contaminate it and the surrounding areas with seawater from a nearby coast. This knowledge is useful for understanding the impact of human activities on water supply, but can also create new sources of conflict. The doctrine of prior appropriation varies somewhat from state to state, although there are three general requirements: (1) the appropriator must intend to use the water for a useful purpose, (2) the water must be discharged from a natural course, and (3) the water must be used for a useful purpose. A useful use is any use recognized by the state as an appropriate use of water, such as domestic, municipal, agricultural, industrial and recreational uses. In all former countries of ownership, agricultural uses are considered useful uses. Beneficial use is the measurement and limitation of the right of appropriation. As soon as water is used wisely, the law is perfected and takes precedence over subsequent appropriators.
The principal appropriator then has the right to exercise its original right, even if a “better” use results in a later one. In the mid-eighteenth century, English common law included a doctrine of water known as rights to land. Even before the institutes of Justinian, running waters, such as the air and the sea, were res communal – things common to all, and property of nobody. This was the doctrine propagated by civil commentators and embodied in the Napoleonic Code and Spanish law. This view has been transferred to the common law. From these sources, but especially from civil law sources, the curious and powerful minds of Chancellor Kent and Justice Story drew the basic doctrines of American water law. As water is a mobile resource, many management problems arise that require a legal solution. As water moves through the water cycle, many people can use it one by one. For example, a hydroelectric plant can use water from a river to produce electricity without consumption.
Far downstream of the plant and at a later date, a golf course owner can use the same water to irrigate the fairways. At common law, all rights to water must be asserted on the basis of a claim to the land on which the water flows or rests. [1] An upstream landowner may bring an action against an upstream landowner for improperly reducing the quantity and quality of water arriving at a downstream location. In the past, public interest criteria were met if the licence applicant could derive an economic benefit from the use of water. More recently, public interest criteria have been extended to environmental and other public concerns, requiring consideration of the cumulative effects of abstraction from groundwater or surface water. Similar protections include state laws that set minimum throughput requirements or approve inflows. Below you will find the pages on drinking water rules, grouped by type of pollutant. Winters v. United States (1908) concerned the Fort Belknap Indian Reservation, created in 1888 by agreement with the federal government.
This agreement set the boundaries of the Milk River Reserve, but did not mention the rights to use the Milk River. After that, non-Native American settlers off the reservation built dams into the river, which hindered the tribe`s agricultural use of water. The settlers claimed ownership rights after the reservation was established, but before the tribe began using water. The Supreme Court ruled that water rights were automatically reserved by the 1888 agreement that created the reserve. The court assumed that the Indians would not set aside land for agriculture without also setting aside the water that would make such agriculture possible. [4] States often do not fall clearly into a particular doctrine and may use components of two or more systems. For this reason, it is best to contact your state`s water authority to determine the allocation system used by your state. List of state water boards. Although water is one of our most abundant resources, there is often not the right quantity and quality of water at the right time and place to meet demand.
As a result, there is fierce competition among water users, including agriculture, municipalities, industry, recreational users, and conservationists. Some States have adopted the doctrine of rational use, or the United States rule that requires that water on the overlying parcel of land be used for reasonable purposes and does not permit the transfer of water to another area.