GENERAL
American Reasonable Use Rule – requires water to be put to a reasonable use on the overlying tract of land; does not permit water to be taken to another tract
Hydrographic survey – science of measurement and description of features which affect maritime navigation, marine construction, dredging, offshore oil exploration/offshore oil drilling and related activities.
Non-riparian use – Non-riparian landowners generally have no right to use water, although some riparian jurisdictions may allow it. A majority of jurisdictions require proof of actual harm from the use of water on non-riparian land. The minority follows the Restatement (Second) of Torts § 855, which allows for the reasonable use of water on non-riparian land, but only if the user also owns riparian land.
Prior Appropriation State – the first person to put water to a beneficial use will have priority over the next person to put water to a beneficial use
Riparian Use – Riparianism limits the use of water to only those landowners with riparian land. In order to be classified as a riparian landowner, the landowner must own a parcel of land adjacent to a watercourse, such as streams, lakes, and ponds.
Riparians – Related to or living or located on the bank of a natural watercourse such as a river
Secretary of the Interior – head of the USA Department of the Interior which overseas federal lands and natural resources
Statement of Claim – summary of facts supporting your claim
Stockpond – pond that is less than 15 acre feet used for livestock or wildlife
Compacts – agreement among states to govern water rights to a river
Alluvial aquifer – composed of clay, silt, sand, gravel or similar unconsolidated material deposited by running water.
Ground water – Groundwater is the water present beneath Earth's surface in soil pore spaces and in the fractures of rock formations
Regulated Riparianism State – Regulated riparianism allows for a permit system to allocate water usage. Each state that uses a form of regulated riparianism has a central state agency with the control to say who may use the water, how much they can use, and when they can use it.
Desalinization – taking away mineral components of saline water
Promulgate – to make known to the public
Appurtenant – riparian
Non-appurtenant rights – non-ripatarian rights
Diffused surface water – water that comes from falling rain, melting snow or ice and which is diffused on the surface of the ground
Competent jurisdiction – the authority of court to deal with specific matters
Beneficial use – application of water to a useful purpose and consistent with public interest excluding water that benefits the state economically or with other tangible benefits
ARIZONA
Active Management Areas – Arizona defines these as areas with heavy reliance on mined groundwater as part of their water management plan
Application for Severance and Transfer – in Arizona, water rights may be severed from the land for other than irrigation purposes with the consent and approval of the owner of such right and may be transferred for use for irrigation of agricultural lands or for municipal, stock watering, power and mining purposes, and to the state or its political subdivisions for use for recreation and wildlife purposes
Assured and Adequate Water Supply Program – an Arizona program which protects consumers by assuring them that land will have supply of water for at least a 100 years
Department of Water Resources – steward of states water future and ensures long-term reliable water supplies to support economic prosperity of the particular state
Groundwater Management Act of 1980 – set of requirements set up by Arizona to maintain water certainty in the future by making AMAs reach a safe yield by 2025
Public Water Code – also known as Arizona Surface Water Code, have to obtain a permit and certificate to use surface water and that beneficial use will be the basis, limit, and use of the water in the state
Recharge and Recovery Program – storage of water underground
ARKANSAS
Arkansas Natural Resources Commission – manages and protects water and land resources for the sustainability, health, safety and economic benefit of the State of Arkansas.
Groundwater Protection and Management Program – State's water resources planning and management agency to monitor a water well network
Reasonable Use – The state will use the same reasonable use criterion as with the common law but determine beforehand if the new use is reasonable. This allows the state to take into account both the potential benefits to society and the compatibility with current uses before granting a new permit
Sparta Aquifer – aquifer of regional importance within the Mississippi embayment aquifer system Surface water- top layer of a body of water
CALIFORNIA
California Water Plan – states comprehensive plan for managing and developing states water resources sustainably
Groundwater Sustainability Plans – detailed plans on how groundwater basins will reach sustainability
Integrated Regional Water Management – process that promotes water related efforts to ensure sustainable water use, reliable water supplies, better water quality by focusing on environmental, economic, legal, and physical aspects
State Water Project – (California) collects water from rivers in the north and redistributes water to the south through aqueducts, power plants, and pumping stations
Water Commission Act – established permit process and regulation of water
FLORIDA
Aquifer Protection Program – overseas and implements groundwater regulations
Central Florida Water Initiative – collaborative water supply planning effort among the state’s three largest water management districts, the Florida Department of Environmental Protection (DEP), the Florida Department of Agriculture and Consumer Services (DACS) and water utilities, environmental groups, business organizations, agricultural communities and other stakeholders
Department of Environmental Protection – states agency to manage air, water, and land
Florida Water Management Act of 1972 – allowed non-riparian use with permits even proven reasonable
Florida Water Management Act – water use not tied to land ownership Water Bill- a new class water to be created including all springs Outstanding Florida Spring- includes all historic first magnitude springs
Florida’s Water Resources Act – all water in Florida is a public resource managed by the department and 5 water management districts
Frank Maloney’s Model Water Code – system uses a requirement of administrative permits for larger water uses, issued based on the well-established principles of riparian rights, to balance and coordinate those uses in times where demand is approaching or outstripping the available water
Ground Water Management Program – studies connection between groundwater and surface water
Seminole Water Rights Compact – defines tribal water rights
HAWAII
Doctrine of Correlative Rights – limits the rights of landowners to a common source of groundwater to a reasonable share
Groundwater Management Areas – designated where water there is actual or threatened water quality degradation or needs to be protected
Hydrologic Units – sequence of numbers or letters that identify a hydrological feature like a river, river reach, lake, or area like a drainage basin
Stream Protection and Management Branch – permits diversions and alterations of surface water
KENTUCKY
Kentucky Energy and Environmental Cabinet – regulates water in the state
Reasonable Use – liability a concern when unreasonable interference with a property owner’s use of property
Two prong test – water used in land overlying the aquifer and use does not cause unreasonable injury to other users
Watershed Management Board – provides leadership for planning and analyzing water quality and quantity
LOUISIANA
Clean Water Act – administered by the Louisiana Department of Environmental Quality in Louisiana which is a federal law governing water pollution
Mineral Code – classifies groundwater under correlative rights but minerals differ from water
Cooperative Endeavor Agreement – permits withdrawal of surface water if state receives fair market value for water removed
Correlative rights – limits rights of landowners to common source of groundwater to a reasonable amount
Department of Natural Resources – is responsible for waste water, monitoring groundwater, and issuing coastal use permits
Groundwater concern – when overdrawn from aquifers Dormant Commerce Clause- non-riparian use water can not be used outside Louisiana
Strong public trust(Louisiana) – natural resources of the state shall be protected, conserved, and replenished with the health and safety of the people in mind
MINNESOTA
Minnesota Department of Natural Resources – responsible for quantity of water Minnesota Pollution Control Agency- responsible for quality of water
Minnesota Environmental Quality Board – charged with maintaining state water management plan which is reviewed every five years
Permitting system – follows traditional riparianism
Publically Available Waters – state owns bottoms of any waters navigable so the public has the right to the surface of the water
MISSISSIPPI
MDEQ Basin Management Approach – foster ownership of Mississippi’s water resources by collaborative watershed planning, protection, and restoration
Mississippi Commission on Environmental Quality – agency that administers surface water in the state
Office of Water and Land Resources – Part of the Mississippi Department of Environmental Quality overseas regulation of water supply and issues permits
SOUTH CAROLINA
Capacity Use Areas – Water use areas
Department of Health and Environmental Control – regulates authority by administering permits for surface and groundwater
Modified American Reasonable Use Rule – best interest of state to use groundwater to be put into beneficial use and be subject to reasonable regulation
Regulated riparian state – defines surface water as any water open to the atmosphere
South Carolina State Water Assessment – provided details regarding stream, lake, aquifer resources in the state as well as availability to use of water in SC
South Carolina Water Resources Planning and Coordination Act of 1967 – assigned responsibility of developing water policy to Department of Natural Resources
VIRGINIA
Cumulative Impact Analysis – determine the impact of the proposed project on existing beneficial use
Interstate Commission on the Potomac River Basin Commission – advisory, non-regulatory interstate compact authorized by Congress in 1940 which involves Virginia, Maryland, Pennsylvania, West Virginia, District of Columbia, and the federal government
Local and Regional Water Supply Planning Regulation – requires all localities within the state to develop a water supply plan
Purcellville v. Potts – state may regulate, control, develop and use the waters of the state for the benefit of the people
Virginia Department of Environmental Quality – under Office of Water Supply responsible for Clean Water Act
TENNESSEE
Correlative rights rule – limits the rights of landowners to a common source of groundwater to a reasonable share
Groundwater Management Program – dedicated to groundwater and well head protection authorized by Water Pollutions Control Act
Inter-Basin Water Transfer Act – defines topographical extents that comprise distinct basins for regulation
Tennessee Department of Environmental Conservation – implements laws related to water resource management and Division of Water Supply regulates water
Water Transfer Act of 2000 – Tennessee requires permit to transfer Walter from one river basin to another
