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United States Groundwater Law
United States groundwater law is that area of United States law related to groundwater. Groundwater can either be privately owned or publicly owned. Groundwater owned by the State is usually distributed through an appropriation system. Privately owned groundwater may allow unlimited production or limited production rights based on land ownership or liability rules. It is possible to regulate the spacing of wells and groundwater production under any of these systems, but the methods, effectiveness and results of that regulation varies greatly from one system to the next depending on the type of aquifer to be regulated. Effective regulation is tailored to both the hydrology and economics of the region to be regulated. Below is a short discussion of each system and the advantages and disadvantages of each. Rule of capture The Rule of Capture is a non-liability tort law that provides each landowner the ability to capture as much groundwater as they can put to a beneficial use, but th ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Oil And Gas Law In The United States
Oil and gas law in the United States is the branch of law that pertains to the acquisition and ownership rights in oil and gas both under the soil before discovery and after its capture, and adjudication regarding those rights. Overview The law regulating oil and gas ownership in the US generally differs significantly from laws in Europe; oil and gas are often owned privately in the US as opposed to being owned by the national government as they are in many other countries. Jurisdiction In the U.S., extraction of oil and gas is generally regulated by the individual states through statutes and common law. Federal and constitutional law apply as well. Ownership In the United States, oil and gas rights to a particular parcel may be owned by private individuals, corporations, Indian tribes, or by local, state, or federal governments. Oil and gas rights extend vertically downward from the property line. Unless explicitly separated by a deed, oil and gas rights are owned by the ...
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Water Law In The United States
Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with: *Public regulation of waters, including flood control, environmental regulation—state and federal, public health regulation and regulation of fisheries *The interplay of public and private rights in water, which draws on aspects of eminent domain law and the federal commerce clause powers; *Water project law: the highly developed law regarding the formation, operation, and finance of public and quasi-public entities which operate local public works of flood control, navigation control, irrigation, and avoidance of environmental degradation; and *Treaty rights of Native Americans. The law governing these topics derives from all layers of US law. Some derives from common law principles which have developed over centuries, and which e ...
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Drainage Law
Drainage law is a specific area of water law related to drainage of surface water on real property. It is particularly important in areas where freshwater is scarce, flooding is common, or water is in high demand for agricultural or commercial purposes. In the United States In the United States, regulation of drainage is typically done on the state and local level. In addition to whatever statutes or local ordinances may be in effect in a given locality, there are three basic legal doctrines which the various state courts recognize. In the state of Michigan, drainage law is so important that counties elect a drain commissioner to oversee water resources. Common enemy doctrine The common enemy doctrine is a rule derived from English common law. It holds that since surface water is a "common enemy" to landowners, each landowner has the right to alter the drainage pattern of his land (for example by building dikes or drainage channels) without regard for the effects on neighbori ...
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Water Politics
Water politics, sometimes called hydropolitics, is politics affected by the availability of water and water resources, a necessity for all life forms and human development. Arun P. Elhance's definition of hydropolitics is "the systematic study of conflict and cooperation between states over water resources that transcend international borders". Mollinga, P. P. classifies water politics into four categories, "the everyday politics of water resources management", "the politics of water policy in the context of sovereign states", "inter-state hydropolitics" and "the global politics of water". The availability of drinking water per capita is inadequate and shrinking worldwide. The causes, related to both quantity and quality, are many and varied; they include local scarcity, limited availability and population pressures, but also human activities of mass consumption, misuse, environmental degradation and water pollution, as well as climate change. Water is a strategic natural resour ...
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Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Sustainable Yield
The sustainable yield of natural capital is the ecological yield that can be extracted without reducing the base of capital itself, i.e. the surplus required to maintain ecosystem services at the same or increasing level over time. The term only refers to resources that are renewable in nature as extracting non-renewable resources will always diminish the natural capital. The sustainable yield of a given resource will generally vary over time with the needs of the ecosystem to maintain itself, e.g. a forest that has recently suffered a blight or flooding or fire will require more of its own ecological yield to sustain and re-establish a mature forest. While doing so, the sustainable yield may be much less. The term sustainable yield is most commonly used in forestry, fisheries, and groundwater applications. Sustainable yield is an important component of sustainable forest management. In the forestry context it is the largest amount of harvest activity that can occur without degra ...
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Water Rights
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each. Types of water right Understanding ‘Water Rights’ first requires consideration of the context and origin of the ‘right’ being discussed, or asserted. Traditionally, a water rights refers to the utilization of water as an element supporting basic human needs like drinking or irrigation. Water Rights could also include the physical occupancy of waterways for purposes of travel, commerce and even recreational pursuits. The legal principles and doctrines that forms the basis o ...
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Reasonable Use Rule
__NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, an adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement set by standards organizations * Reasonable Blackman, a silk weaver in sixteenth-century England * Reasonable doubt, a legal standard of proof in most adversarial criminal systems * Reasonable efforts, a criterion in child welfare in the United States * Reasonable person, a person who exercises care, skill, and appropriate judgment ** Reasonableness, the quality of being a reasonable person ** Subjective and objective standard of reasonableness, legal standards of reasonableness * Reasonable person model, a psychological model of environments/actions that foster reasonableness * Reasonable suspicion, a legal standard of proof in United States law * Reasonable time Reasonable time is that amount of time which is fairly necessary, convenientl ...
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Correlative Rights Doctrine
The correlative rights doctrine is a legal doctrine limiting the rights of landowners to a common source of groundwater (such as an aquifer) to a reasonable share, typically based on the amount of land owned by each on the surface above. This doctrine is also applied to oil and gas in some U.S. states. See also *Mineral rights *Water rights *United States groundwater law References *Black's Law Dictionary * BarBri Real Property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ... outline {{law-term-stub Water law Oil and gas law Legal doctrines and principles ...
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Groundwater
Groundwater is the water present beneath Earth's surface in rock and soil pore spaces and in the fractures of rock formations. About 30 percent of all readily available freshwater in the world is groundwater. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. The depth at which soil pore spaces or fractures and voids in rock become completely saturated with water is called the water table. Groundwater is recharged from the surface; it may discharge from the surface naturally at springs and seeps, and can form oases or wetlands. Groundwater is also often withdrawn for agricultural, municipal, and industrial use by constructing and operating extraction wells. The study of the distribution and movement of groundwater is hydrogeology, also called groundwater hydrology. Typically, groundwater is thought of as water flowing through shallow aquifers, but, in the technical sense, it can also contain soil moisture, perma ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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