ABSTRACT

Water rights are determined in the United States by two major methods. The first is termed riparian rights, which dominate primarily in the eastern United States. The other is called apportioned rights (also known as appropriation), which exist in various forms throughout the western United States. Water rights are riparian if they exist as a result of the land touching on the body of water. They are an appropriation if the rights exist independent of any riparian land ownership. There is some diversity among the jurisdictions as to the precise definition and extent of riparian lands. The move of most riparian jurisdictions toward permit systems has created many similarities between riparian and appropriation jurisdictions.