Tom owns a 40-acre tract in rural Oklahoma and has been pumping groundwater from a well on his property for many years. His neighbor, Linda, claims Tom is pumping so much water that her own well is running dry. Under Oklahoma groundwater law, which principle would most likely limit Tom's right to pump?
Correct Answer
A) Correlative rights, which require landowners sharing an aquifer to use groundwater reasonably without wasteful depletion
Oklahoma follows a modified absolute ownership rule for groundwater, but this right is limited by correlative rights. Correlative rights require that landowners sharing the same aquifer use the water reasonably and cannot wastefully deplete it to the detriment of neighboring landowners. Tom's excessive pumping that dries up Linda's well could be challenged under this correlative rights limitation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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