A property in Hot Springs, Arkansas, borders a natural stream. The current owner, Helen, wants to use water from the stream to irrigate her garden. Under Arkansas water law, what doctrine governs Helen's right to use the stream water?
Correct Answer
B) Riparian rights doctrine, which gives Helen the right to make reasonable use of the water as a landowner bordering the stream
Arkansas follows the riparian rights doctrine for water law. Under this doctrine, landowners whose property borders a natural watercourse — such as a stream, river, or creek — have the right to make reasonable use of that water. Riparian rights are appurtenant to the land, meaning they are attached to the real property and transfer automatically with the deed. Helen, as a riparian landowner, has the right to irrigate her garden using the stream water, provided her use is reasonable and does not unreasonably interfere with other riparian owners' rights.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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