Substantial Rights - correct answer ✔✔Right that are capable of being bought and sold in the market
place."
Navigable Waters - correct answer ✔✔Any body of water that, by itself or by uniting with other waters,
forms a continuous highway over which commerce can be carried on with other states or countries
Rapanos v. US & jurisdiction Over the Clean Water Act - correct answer ✔✔-Rapanos a developer
wanted to develop land that had puddles. The gov't sighted the birds case. In supreme court. (4/4 split)
nexus-{connection to water that flows & can be used for commerce}. He went with the conservative
point of view but did not agree with their rational
-migratory birds land (federal law bc they cross borders), land developer wanted to develop land they
used to nest and bread, feds said they couldn't develop the land. The Supreme court said since they are
still isolated ponds this is over reach. Is the water was moving like Mississippi river it would have been a
di story
Riparian Owner - correct answer ✔✔The owner of land contiguous to flowing navigable water such as
streams and rivers
Littoral - correct answer ✔✔(non-flowing) concerning or belonging to the shore (littoral rights) of coasts
and waterfronts
Mean High Water Mark - correct answer ✔✔MHW = wreck or debris line; where there is random shit
just laying there; that's how much you own and can exclude
Water Distance Laws - correct answer ✔✔3 for state exclusion, 12 miles for federal gov't finding oil or
gas, 12 more miles for environmental or economical use,
Baseline 200 miles= continental shelf {climatic changes}, we can exclude other countries for 200 miles
(unless they get a lease to do it)
Public Trust Doctrine - correct answer ✔✔Land held in trust by government for the people to enjoy for
purposes of navigation, commerce, and recreation
Commerce Clause - correct answer ✔✔A provision in the US constitution giving power to regulate
interstate commerce
, Riparian rights - correct answer ✔✔the rights of the owner of land that touches a watercourse to use
the water
Natural flow theory - correct answer ✔✔conferring to riparian owner the right to the ordinary flow of
water along their land, but undiminished in quantity and quality. Each riparian owner is entitled to have
the water maintained in its natural state
Reasonable use theory - correct answer ✔✔a riparian right doctrine that confers to riparian owners the
reasonable use of the water that flows along their land
Reasonable use theory's 4 Factors - correct answer ✔✔1) Economic/ social value
-priorities what you value (jobs, environment)
2) Suitability of use to watercourse
3) Practicality of avoiding harm
4) Extent of harm
Edmondson v. Edwards Case - correct answer ✔✔Edmondson was deprived of water from an stream
adjacent to his house that he uses to water his livestock. Edwards, a riparian landowner, diverted the
water for recreational purposes. Edmondson won b.c the courts favored his use of natural wants that
included drinking water for his family and livestock
Prior Appropriation Theory - correct answer ✔✔A water rights doctrine that confers that primary rights
to the first users of water. First person to appropriate the water, whether or not the person owns land on
the water, has priority over later users
Adverse Possession - correct answer ✔✔acquiring title to real property by possession for a statutory
period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious,
exclusive, adverse, and continuous for the statutory period
Groundwater - correct answer ✔✔Water beneath the earth's surface fed by rainfall or surface streams.
water that is not part of a defined underground stream
place."
Navigable Waters - correct answer ✔✔Any body of water that, by itself or by uniting with other waters,
forms a continuous highway over which commerce can be carried on with other states or countries
Rapanos v. US & jurisdiction Over the Clean Water Act - correct answer ✔✔-Rapanos a developer
wanted to develop land that had puddles. The gov't sighted the birds case. In supreme court. (4/4 split)
nexus-{connection to water that flows & can be used for commerce}. He went with the conservative
point of view but did not agree with their rational
-migratory birds land (federal law bc they cross borders), land developer wanted to develop land they
used to nest and bread, feds said they couldn't develop the land. The Supreme court said since they are
still isolated ponds this is over reach. Is the water was moving like Mississippi river it would have been a
di story
Riparian Owner - correct answer ✔✔The owner of land contiguous to flowing navigable water such as
streams and rivers
Littoral - correct answer ✔✔(non-flowing) concerning or belonging to the shore (littoral rights) of coasts
and waterfronts
Mean High Water Mark - correct answer ✔✔MHW = wreck or debris line; where there is random shit
just laying there; that's how much you own and can exclude
Water Distance Laws - correct answer ✔✔3 for state exclusion, 12 miles for federal gov't finding oil or
gas, 12 more miles for environmental or economical use,
Baseline 200 miles= continental shelf {climatic changes}, we can exclude other countries for 200 miles
(unless they get a lease to do it)
Public Trust Doctrine - correct answer ✔✔Land held in trust by government for the people to enjoy for
purposes of navigation, commerce, and recreation
Commerce Clause - correct answer ✔✔A provision in the US constitution giving power to regulate
interstate commerce
, Riparian rights - correct answer ✔✔the rights of the owner of land that touches a watercourse to use
the water
Natural flow theory - correct answer ✔✔conferring to riparian owner the right to the ordinary flow of
water along their land, but undiminished in quantity and quality. Each riparian owner is entitled to have
the water maintained in its natural state
Reasonable use theory - correct answer ✔✔a riparian right doctrine that confers to riparian owners the
reasonable use of the water that flows along their land
Reasonable use theory's 4 Factors - correct answer ✔✔1) Economic/ social value
-priorities what you value (jobs, environment)
2) Suitability of use to watercourse
3) Practicality of avoiding harm
4) Extent of harm
Edmondson v. Edwards Case - correct answer ✔✔Edmondson was deprived of water from an stream
adjacent to his house that he uses to water his livestock. Edwards, a riparian landowner, diverted the
water for recreational purposes. Edmondson won b.c the courts favored his use of natural wants that
included drinking water for his family and livestock
Prior Appropriation Theory - correct answer ✔✔A water rights doctrine that confers that primary rights
to the first users of water. First person to appropriate the water, whether or not the person owns land on
the water, has priority over later users
Adverse Possession - correct answer ✔✔acquiring title to real property by possession for a statutory
period under certain conditions, viz: proof of non-permissive use which is actual, open and notorious,
exclusive, adverse, and continuous for the statutory period
Groundwater - correct answer ✔✔Water beneath the earth's surface fed by rainfall or surface streams.
water that is not part of a defined underground stream
