Riparian rights: what are they?

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Waterfront rights are a system of rights and duties that determine the reasonable use, duties, and allocation of water to waterfront property owners. These rights are rooted in English common law, so they are typically implemented in former British colonies such as the eastern United States and Canada. In principle, these rights ensure that riparian owners can make reasonable use of the water adjacent to their property while protecting the rights of other riparian owners.

A person must own land adjacent to a body of water to be considered a riparian owner. Generally, a riparian owner has inherent riparian rights included in his property rights. The owner usually has exclusive rights to its seabed for anchoring docks or rafts, its beach and its plateau, but not to the water itself. The owner may not infringe on the rights of other riparian owners or the public to make reasonable use of water. Reasonable use is weighed by the proportion of owned land bordering water and the needs of other users.

The details of riparian rights vary by country, state, and body of water. The rights to fish, build and operate to prevent floods are traditionally protected, but as issues of water shortages, danger to fish, pollution and sedimentation have emerged, governments often step in to regulate. There is also a high precedent for riparian landlord disputes, as riparian rights are based on the principle of not infringing on the rights of others. These disputes, however, usually only resolve the immediate problem without setting any rules or precedents for future disputes. This allows for flexibility, which is important as environments and owners change.

In England and Wales, riparian rights and duties are set by the Environment Agency. These riparian owners can build on the waterway with government oversight, unless doing so would impede navigability or unless the land underneath is owned by someone else. Welsh and English landlords are also entitled to have their land protected against flooding with supervision from the Environment Agency and to fish with an Agency rod licence. The right to fish, unlike the property right portion of riparian rights, can be sold or transferred, but all fishermen must be licensed. Riparian owners have a duty to keep riverbeds, water, culverts and garbage screens clean and not hinder fish migration.

In the United States, most states east of the Mississippi River follow riparian rights principles. These rights are similar to those in England and Wales and are monitored, for the most part, on a state-by-state basis. US states have run into several controversies over the displacement of water from its natural waterway. The Justinian Code of the Roman Empire and Roman tradition laid the foundations for much riparian rights, establishing the idea that water is a public good and should not be diverted from its natural course. Much of the controversy in the United States, especially in the Southeast, revolves around this principle and the desire to use water for hydroelectricity, irrigation or drinking water.

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