Water rights in the context of Water law


Water rights in the context of Water law

⭐ Core Definition: Water rights

In water law, water right is the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each.

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Water rights in the context of Land law

Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.

Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon.Indigenous land rights is also a perennial related issue.

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Water rights in the context of Range war

A range war, also known as range conflict or cattle war, is a type of usually violent conflict, most commonly in the 19th and early 20th centuries in the American West. The subject of these conflicts was control of "open range", or range land freely used for cattle grazing, or as sheep pasture, which gave these conflicts its name. Typically they were disputes over water rights, grazing rights, or cattle ownership.

Range wars occurred prior to the Taylor Grazing Act of 1934, which regulated grazing allotments on public land. Range wars included the Pleasant Valley War, Colfax County War, Castaic Range War, San Elizario Salt War, Mason County War, Porum Range War, Johnson County War, Pecos War, Fence Cutting Wars, Sheep Wars, Barber–Mizell feud, Stuart's Stranglers conflict, and others.

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