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United States groundwater law : ウィキペディア英語版
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 provides each landowner the ability to capture as much groundwater as they can put to a beneficial use, but they are not guaranteed any set amount of water. As a result, well-owners are not liable to other landowners for damaging their wells or taking water from beneath their land. The Rule of Capture allows capture of groundwater only to the extent the use is beneficial and not malicious. The advantage of this system is that it encourages economic development and maximum utilization of the resources. Another advantage of this system is that it leads to minimal government involvement in the operations of water wells. The primary disadvantage of this system is the potential for overproduction of the aquifer system that may result when each landowner attempts to protect the water right by drilling bigger, deeper wells. Because no landowner is given a quantifiable or set amount of production capacity, all landowners are encouraged to capture as much water as they can as quickly as they can.

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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