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<br />DRAFT <br /> <br />Nebraska. <br /> <br />Examples of major restrictions are provided under the <br /> <br />current law in Arizona and Montana. <br /> <br />Riparian Law. <br /> <br />Riparian water law itself has a built-in <br /> <br />1. <br /> <br />protection for the watershed, inasmuch as use of water is <br /> <br />generally limited to (a) riparian land, by which is meant land <br /> <br />alongside the watercourse, and (b) use in the watershed of <br /> <br /> <br />origin.8 Furthermore, in contrast to the appropriation doctrine, <br /> <br />riparian law does not require water to be put to a beneficial use <br /> <br />in order to establish the water right. <br /> <br />In general, the riparian <br /> <br />maintains an inchoate right to enjoy the benefits of water <br /> <br />flowing past .his land. <br /> <br />Thus if a city such as New York desires <br /> <br />to obtain nonriparian water it must utilize its power of eminent <br /> <br />domain and pay for the property value taken.9 <br /> <br />The Nebraska Experience. <br /> <br />In 1889 the Nebraska legisla- <br /> <br />2. <br /> <br />ture enacted the following prov i si on: <br /> <br />"The water appropriated <br /> <br />from a river or stream shall not be turned or permi t ted to run <br /> <br />into the waters or channnel of any other river or stream than <br /> <br />that from which it is taken or appropriated."IO An amendment in <br /> <br />1 <br /> <br />1893 added: <br /> <br />"Unless such stream exceeds in width one hundred <br /> <br />feet, in which event not more than seventy-five percent of the <br /> <br />8C. Davis, H; Coblentz, O. Titelbaum, Waters & Water .Rights <br />8614.1 (E. Clark ed. 1976). <br /> <br />9In the case of New York City, there <br />statutory requirement which is discussed below <br />tion. See text accompanying note 48 infra. <br /> <br />is an additional <br />under compensa- <br /> <br />IONeb. Laws 1889, Ch. 68, 86, at 504. <br /> <br />7 <br />