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Lux v. Haggin
''Lux v. Haggin'', 69 Cal. 255; 10 P. 674; (1886), is a historic case in the conflict between riparian and appropriative water rights. Decided by a vote of four to three in the Supreme Court of California, the ruling held that appropriative rights were secondary to riparian rights.〔(【引用サイトリンク】url=http://www.historyandtheheadlines.abc-clio.com/ContentPages/ContentPage.aspx?entryId=1179165¤tSection=1174294&productid=7 )〕
==Background==
The English common law system was adopted by California in 1850.〔Hanak, Ellen, et al(2011). “Managing California’s Water: From Conflict to Reconciliation.” Public Policy Institute of California, San Francisco, 2011. Retrieved on 2012-4-15. (http://www.ppic.org/content/pubs/report/R_211EHR.pdf)〕〔Freyfogle, Eric T. (1985-1986). "Lux v Haggin and the Common Law Burdens of Modern Water Law." University of Colorado Literature Review |volume=18 |pages=485〕 With regards to water rights, English common law specifies that landowners have the right to the water that runs through or adjacent to their property for reasonable household purposes as long as their use does not interfere with the rights of other riparian land owners. These are known as riparian water rights. The English common law interpretation of reasonable household purposes meant domestic uses and small scale subsistence farming. Other landowners whose properties do not have water, have no right to use it .
In 1855, California also adopted the right of prior appropriation.〔〔 Appropriative rights were based on a first come, first served philosophy. This second system of water rights was developed for miners and farmers who did not own riparian land. The first to appropriate the water's use had rights to it. All those who subsequently established their claim, could only appropriate water if their use did not interfere with the previously established water use. Appropriative rights did not limit the amount of water that could be claimed.
These two systems of water rights were at odds with one another.〔〔 Appropriative water rights granted the first to claim the water's use complete rights to it. Riparian water rights established that use of the water was an uncontested right that came with the land and did not have to be shared with non-riparian land owners. The case of Lux v. Haggin clarified which system of water rights would prevail in California.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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