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Show Chapter 10 THE RIPARIAN DOCTRINE THE RIPARIAN DOCTRINE IN THE WEST Chapter 6 contains a discussion of the origins and asserted origins of the riparian doctrine and the development and status of the doctrine. To better orient the discussion in this chapter, brief statements regarding the develop- ment and status of the doctrine are included at the outset. Importance of the Riparian Doctrine States in Which the Doctrine Has Been Generally Repudiated The riparian water-rights doctrine has been generally repudiated in the block of generally arid States-Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming-lying between those on the 100th meridian and those bordering the Pacific Ocean. In these eight jurisdictions, rights to the use of watercourses usually do not vest, by operation of general law, in the proprietors of lands bordering on or crossed by such watercourses, solely as a result of the natural contact of land and flowing water. However, there are cases in some of these jurisdictions (as well as in other Western States) which have declared or implied that a riparian owner may apply the water to beneficial use by virtue of his riparian status, so long as he does not interfere with the recognized operation of the appropriation doctrine.1 In addition, it should be noted that the riparian doctrine and rights under discussion in this chapter refer to rights to use the water of watercourses. Riparian rights also may encompass some other features that have been recognized by various courts in certain of these jurisdictions, such as riparian rights regarding bed ownership, avulsions or accretions, and fishing.2 Such riparian rights are only occasionally referred to in this chapter. States in Which the Doctrine Has Been Recognized in Varying Degree The riparian doctrine has been recognized in each of the tier of six States extending from North Dakota to Texas on the 100th meridian, in the four 1 See chapter 6 at notes 152 and 153. aSee chapter 6 at notes 154-156. (1) |