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Question 1
Which of the following would qualify as a watercourse?
Correct A watercourse is a source of water external to the property that can be accessed because it borders on the property Well water is ground water and rain puddles are surface water.
Incorrect! A watercourse is a source of water external to the property that can be accessed because it borders on the property Well water is ground water and rain puddles are surface water.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Anthony, Barbara, Cedric and Debra all own property that borders a small lake. One day, Cedric installs a pump where his property meets the lake and starts pumping the water from the lake to water his crops. Because of this, the water level of the lake goes down. Anthony, Barbara and Debra complain. Cedric claims that he may continue to use his pump. If the jurisdiction follows the riparian doctrine, who is correct?
Correct
Incorrect!
Correct The Riparian doctrine provides that the rights to water belongs equally to all the owners of lands that border the water source. Therefore, one owner cannot use the water in a manner that would take away the usage of the water from the other riparian owners.
Incorrect! The Riparian doctrine provides that the rights to water belongs equally to all the owners of lands that border the water source. Therefore, one owner cannot use the water in a manner that would take away the usage of the water from the other riparian owners.
Question 3
Old MacDonald has a farm in Arizona. Because of the lack of rain, during the spring, he needs 2,000 gallons of water per day to water his crops. Thus, Old MacDonald builds a well with a super strong pump and pumps 1,000 gallons of water per day from the water table to water his crops. Under the majority rule, may Old MacDonald do this?
Correct
Incorrect!
Correct Correct! This is a close one. The majority rule is to allow each property owner "reasonable use" of the ground water beneath his or her property. This usually means that the owner can use the property to whatever extent is reasonably necessary for the use and enjoyment of that property. So, under the letter of that doctrine, Old MacDonald's actions would be allowable because he is using the water for the use and enjoyment of his own property. But, you could also argue that it is inherently unreasonable to use a property in a manner that will require such an expenditure of scarce water resources. Thus, Old MacDonald's pumping 2,000 gallons of water per day could be considered an unreasonable use of ground water.
Incorrect! Correct! This is a close one. The majority rule is to allow each property owner "reasonable use" of the ground water beneath his or her property. This usually means that the owner can use the property to whatever extent is reasonably necessary for the use and enjoyment of that property. So, under the letter of that doctrine, Old MacDonald's actions would be allowable because he is using the water for the use and enjoyment of his own property. But, you could also argue that it is inherently unreasonable to use a property in a manner that will require such an expenditure of scarce water resources. Thus, Old MacDonald's pumping 2,000 gallons of water per day could be considered an unreasonable use of ground water.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Chandler owns a farm on the banks of the St. Lawrence River in Arkansas. Very often, in the spring time, the rains cause the St. Lawrence to overflow and flood Chandler's crops. So, Chandler installs a complex drainage and gutter system with pipes and dikes etc. that is designed so that all the excess water from the St. Lawrence in his area should flood his neighbor, Spruill's property, instead of his own. May Chandler do this?
Correct
Incorrect!
Correct The 'common enemy' rule provides that anyone may take any steps he or she desires to keep the harmful water off their property, even if that means diverting the water onto someone else' s property. Under the 'natural flow' rule, Chandler's action would certainly be prohibited because that rule provides that land owners may not take steps to divert harmful waters onto other lands at all. Even under the 'reasonable use' rule, which is a compromise between the other two rules, Chandler's use would probably be considered unreasonable because it is shifting the complete burden of the floods to Spruill.
Incorrect! The 'common enemy' rule provides that anyone may take any steps he or she desires to keep the harmful water off their property, even if that means diverting the water onto someone else' s property. Under the 'natural flow' rule, Chandler's action would certainly be prohibited because that rule provides that land owners may not take steps to divert harmful waters onto other lands at all. Even under the 'reasonable use' rule, which is a compromise between the other two rules, Chandler's use would probably be considered unreasonable because it is shifting the complete burden of the floods to Spruill.