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Homework answers / question archive / Week 8 Participation Problem: Water Law Glossary - Discussion Group B 1 From AGRICULTURAL LAW (AEC_388_400_F2020) Prompt Please choose a term that we learned about in water law and provide a definition

Week 8 Participation Problem: Water Law Glossary - Discussion Group B 1 From AGRICULTURAL LAW (AEC_388_400_F2020) Prompt Please choose a term that we learned about in water law and provide a definition

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Week 8 Participation Problem: Water Law Glossary - Discussion Group B 1

From AGRICULTURAL LAW (AEC_388_400_F2020)

Prompt

Please choose a term that we learned about in water law and provide a definition. Don't just copy and paste from on online dictionary; be sure that your definition directly relates to water law. The document "Water Rights in Oregon" has many key definitions:

  • Define the term correctly for the water law context
  • Provide an example
  • If possible, make a connection to how we used that legal topic in another area of class

See which terms other people have already posted about and make a refinement/extension/correction of their post, or choose another term. There are plenty to go around! One point for each unique contribution, so go ahead and post several times (but one person should not post a bunch of terms and take away opportunity for others. I'm going to enforce a riparian system of commonly-held rights to this forum, limited by reasonable use. This is not a prior appropriation system that allows the first in to take all of the points).

Guidelines

One point for a complete original response to the prompt, and/or one point for a meaningful response or follow up question to classmates' posts.

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Because the discussion instructions brings up that this is a riparian system, I will be using this term for my discussion post. 

  • A riparian system in water law means that if a waterway touches an owners property then they have a right to use it. Although unlike a prior appropriation system, all of the landowners with waterways touching their property have equal rights to use. But these owners may not exploit their use, their use of the waterway must be reasonable to the point that it does not impact other landowners use of the waterway. As long as the waterway touches their property, the landowners water rights will hold, even if they are not using it. 
  • For example: imagine we have two agents who own property that a steam flows along. Agent A and B both have equal rights to the use and enjoyment of the stream. One day agent A decides to build a small dam along the stream so they can deepen the water near their house and use it to swim. Agent B notices that the flow of water near their house has significantly decreased, to the point that he could no longer use of enjoy it the way they were before. Agent B would most likely take Agent A to court, to get Agent A to remove the dam, as Agent B has an equal right to the use and enjoyment of the stream, and building the dam disrupts that. 

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