ABSTRACT
Groundwater law in the United States is a bewildering mix of state court decisions and state statutes. While some generalization is possible, each state’s groundwater law is unique.
COMMON LAW STATES
The common law doctrines of absolute ownership, reasonable use, correlative rights, and eastern correlative rights, are based on state court decisions and are implemented through litigation or private negotiation. While prior appropriation was initially adopted in a few western states by court decision, it will be discussed separately as a statutory rather than a judicial doctrine.
