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Practice Of Real EstateState_specificEASY

Tom owns a farm in rural Iowa with a creek running along the eastern boundary of his property. His neighbor Linda owns the land on the opposite bank of the same creek. Under Iowa riparian law, which statement best describes both Tom's and Linda's rights to use the water in the creek?

Correct Answer

B) Both Tom and Linda hold riparian rights as owners of land bordering the watercourse, and each may make reasonable use of the water

Under Iowa's riparian rights doctrine, any landowner whose property borders a natural watercourse holds riparian rights. Both Tom and Linda qualify because each owns land adjacent to the creek. Iowa law allows each riparian owner to make reasonable use of the water, provided such use does not unreasonably interfere with the rights of other riparian owners. Neither party holds superior rights simply due to upstream location or registration.

Answer Options
A
Only Tom has riparian rights because the creek originates on his property upstream
B
Both Tom and Linda hold riparian rights as owners of land bordering the watercourse, and each may make reasonable use of the water
C
Neither Tom nor Linda has riparian rights because the creek is a navigable waterway owned by the state
D
Linda holds superior rights because she registered her water use with the Iowa Department of Natural Resources before Tom did

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Related Topics & Key Terms

Key Terms:

riparian_rightsreasonable_useadjacent_landowneriowa_water_law

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