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<br />I <br /> <br />I)"n~r~~ <br />UUlj~.1: <br /> <br />I <br /> <br />State Water Laws <br /> <br />I <br /> <br />In the general field of water law, basin states have adopted two <br /> <br />fundamental doctrines which reflect both the origin of those who formulated the <br /> <br />I <br /> <br />doctrines and also the variation in climatic and hydrologic conditions found <br /> <br />from subhumid east to arid west. <br /> <br />I <br /> <br />The common-law doctrine of riparian rights is based primarily on the <br /> <br />I <br /> <br />ownership of land and the beneficial uses of water thereon from a contiguous <br /> <br />source. Under the riparian rights doctrine the owner of land contiguous to a <br /> <br />I <br /> <br />natural stream or natural lake may use the waters for such beneficial purposes <br /> <br />and in such quantities as he chooses, so long as he does not appreciably <br /> <br />I <br /> <br />diminish the flow or impair the quality of water for downstream uses. <br /> <br />I <br /> <br />Under the appropriation rights doctrine, the first beneficial <br /> <br />appropriation in time is prior in right. Unlike the riparian doctrine, <br /> <br />I <br /> <br />appropriations are established through a legal process for a definite rate of <br /> <br />direct-flow diversion or storage. Often the total quantity is specified as not <br /> <br />I <br /> <br />to exceed a given acre-foot total per acre per season, or simply in total <br /> <br />I <br /> <br />acre-feet, as in storage. <br /> <br />Of the Missouri Basin States, Minnesota and Missouri recognize primarily <br /> <br />I <br /> <br />the riparian doctrine while Colorado, Montana, North Dakota and Wyoming have <br /> <br />specifically repudiated it and have established the doctrine of appropriation <br /> <br />I <br /> <br />rights. The Iowa water rights law makes diversion, storage, or withdrawal of <br /> <br />I <br /> <br />water in the State subject to permit and administrative regulation and limits <br /> <br />permits to a time period not to exceed 10 years. Kansas, Nebraska, and South <br /> <br />I <br /> <br />Dakota depend mainly on the appropriation rights doctrine, but also use the <br /> <br />riparian doctrine in varying degrees. <br /> <br />I <br /> <br />With respect to ground water, there are three common-law rules which are <br /> <br />I <br /> <br />applied throughout the basin. First, there is the so-called "English rule" <br /> <br />I <br /> <br />2-25 <br />