ABSTRACT

The common law and constitutional principles continue to provide the basis of private rights and remedies in addition to rights arising from federal and state water pollution control legislation. Riparian rights are the various rights that belong to the owners of land adjoining a body of water. Technically, "riparian" is used to describe land adjoining a river or stream and "littoral" is used for land on a lake or ocean. However, in most discussions of the issue, the word "riparian" is used to describe both situations. Water pollution is generally measured in important degree in terms of bacteria count and index of coliform micro-organisms, the latter reflecting the degree of animal excrement. Where the pollution of water results in a substantial and unreasonable interference with the use and enjoyment of one's property, the nuisance doctrine may be invoked to protect the rights of and provide a remedy to the injured party.