Correlative rights doctrine

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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.

A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, soon enough it becomes established as the de facto method of deciding like situations.

Groundwater water located beneath the ground surface

Groundwater is the water present beneath Earth's surface in soil pore spaces and in the fractures of rock formations. 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 and eventually flows to the surface naturally; natural discharge often occurs 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 Groundwater is also often withdrawn for agricultural, municipal, and industrial use by constructing and operating extraction wells.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.

Aquifer Underground layer of water-bearing permeable rock

An aquifer is an underground layer of water-bearing permeable rock, rock fractures or unconsolidated materials. Groundwater can be extracted using a water well. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology. Related terms include aquitard, which is a bed of low permeability along an aquifer, and aquiclude, which is a solid, impermeable area underlying or overlying an aquifer. If the impermeable area overlies the aquifer, pressure could cause it to become a confined aquifer.

See also

Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership.

United States groundwater law is that area of United States law related to groundwater.

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References

<i>Blacks Law Dictionary</i> law dictionary widely used in the United States

Black's Law is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black (1860–1927). It is the reference of choice for terms in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S. Supreme Court cases.