Fundamentals of Surveying (FS) Practice Exam

Riparian rights are based on which principle?

1. Acquisition of a permit from the state

2. Acquisition of a permit from the federal government

3. The fact that land abutting the stream is owned

4. English common law

The correct answer is: The fact that land abutting the stream is owned

Riparian rights are established under the principle that ownership of land that borders a water body, such as a stream or river, grants the landowner certain rights to use the water. This concept is deeply rooted in the idea that landowners have a legitimate interest and use of water for domestic and agricultural purposes, provided that the use does not adversely affect the rights of other riparian owners. When a landowner possesses property adjacent to a watercourse, they generally have the right to access and utilize the water, as long as that use is reasonable and does not infringe upon the rights of other property owners along the same waterway. This principle underscores the importance of land ownership in determining the extent of water rights, distinguishing riparian rights from other forms of water rights, such as prior appropriation, which can operate independently of land ownership. The other choices, while related to legal frameworks surrounding water rights, do not accurately capture the foundational principle governing riparian rights, which is fundamentally tied to land ownership adjacent to water bodies.