Riparian rights are a set of legal protections governing a person’s use and control of land adjacent to a water source, such as a lake, pond, creek, or river.
Riparian rights include the right to draw reasonable amounts of water from the source for domestic and commercial use. It also includes the right to access the shoreline, the right to have access to the water, and the right to get rid of debris, subject to certain limitations.
Riparian rights are an ancient concept, though they have been adapted over the years to account for modern developments and conflicts between multiple adjacent landowners.
De Facto Rights and Neighbor Disputes
In the absence of explicit rules stated in the deed, most states will apply what is referred to as “de facto riparian rights.” What this means is that someone with a riparian property will generally be allowed to exercise the same rights as other riparian property owners. For instance, if one landowner uses the water for irrigation, all of the others would usually be allowed to do so as well.
When there is a dispute between neighbors, courts can find riparian rights rules in deeds, case law, or statutory laws. If there is nothing in writing, a court will likely look to see if there has been an established practice or understanding between the two landowners with respect to the use of the water and the shoreline.
Riparian rights can be complex and difficult to navigate. Therefore, it is important for business professionals to consult a qualified attorney who can help them understand their legal rights.