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In light of this system, many western states have understandably adopted rules, or their courts have instituted refinements, to limit changes in the manner or place of water diversions to prevent harm to the interests of junior appropriators.Similar doctrines may govern groundwater as well as surface water in many of these states ( more below).Under this system, with population growth and a shortage of resources, and also with extensive federal and tribal lands and major federal involvement in water management in many systems in the west, there has been a long history of disputes in the west over this valuable and essential resource. Riparianism defines water use rights in association with ownership of land that abuts or underlies a surface watercourse.Each riparian owner can use water from the water body bordering or crossing his property.
Typical rights include in-stream water use, withdrawal and use on the riparian parcel, and “wharfing” out into the river subject to navigation rights and to who owns the stream bed. General principles governing the reasonableness of riparian water uses, and as used by courts to resolve disputes that may arise over whether a use is reasonable, are found in the RESTATEMENT (SECOND) OF TORTS, as follows: “: Harm by One Riparian Proprietor to Another A riparian proprietor is subject to liability for making an unreasonable use of the water of a watercourse or lake that causes harm to another riparian proprietor’s reasonable use of water or his land.
- Eastern water law has primarily been based on a system of riparian rights for surface water use, and Tennessee has mostly followed such a structure.