(Continuing the series on water rights - the first installment was here .) Property in water takes a great variety of forms. Many countries' laws state that all water is the property of the public or the state ( Trelease, 1957 ; Cumyn, 2007 ; Sun, 2009 ; Schorr, 2013 ). Most civil law countries, following Roman law, distinguish between public and private waters. The "absolute dominion" rule of the common law, still in force in some American states, treats groundwater as an unowned resource, open to capture by any overlying landowner ( Dellapenna, 201 3). The riparian rights system of the common law views water sources as the common property of all landowners abutting the source ( Getzler, 2004 ). The system of prior appropriation applied in the western United States recognizes private property rights to amounts of flows of water. In Australia ( Davis, 1968 ) and western Canada the Crown owns the water and distributes it to users through a permit system ( Percy, 2005 ). ...
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