Also known as: water rights
Written by attorneys · grounded in primary & secondary sources — see below
A liquid substance essential for life. Rights to divert or use water determined under riparian, littoral, prior-appropriation, or ground-water doctrines are excluded from the definition of servitudes, and Congress holds power to regulate commerce involving water.
Wade Watson operates a bottling plant in State A that ships purified water across state lines to retailers in State B. Congress enacts a uniform tax on such shipments to fund national infrastructure. Wade challenges the tax as nonuniform. The court upholds the levy because the constitutional grant of power to tax and regulate commerce among the states authorizes the measure when applied evenly nationwide.
Willow Walker owns riparian land along a river and holds rights to divert water for irrigation under state prior-appropriation doctrine. A neighbor claims the diversion creates a servitude burdening his downstream parcel. The court rejects the claim because water-allocation doctrines are expressly excluded from the definition of servitudes.
Select any source to read its text and confirm it supports the definition.
Wilma Wright purchases oceanfront property and seeks a building permit. The commission conditions approval on granting a public path along the shore for water access. Wilma sues, arguing the condition effects a taking. The court examines whether the exaction bears an essential nexus to the permitted development's impact on public beach access.
Warren Woods owns Grand Central Terminal and proposes a tower addition that would alter water views from surrounding properties. The city landmarks commission denies the plan to preserve historic character. Warren claims a taking. The court weighs the economic impact against the owner's investment-backed expectations in the regulated parcel.
Wesley Wells lies in a persistent vegetative state sustained by a feeding tube that supplies nutrition and water. His family seeks to discontinue the tube. The state requires clear evidence of the patient's wishes. The court holds that the liberty interest in refusing unwanted medical treatment encompasses artificial delivery of food and water.
William Williams buys two coastal lots zoned for single-family homes. A new statute bars all construction to protect dunes and prevent erosion into adjacent waters. William sues, claiming a total taking. The court determines whether the regulation denies all economically beneficial use of the land or merely regulates a nuisance-like harm.
No. The Restatement expressly excludes rights determined by riparian, littoral, prior-appropriation, or ground-water doctrines from the definition of servitudes.
Supporting sources
A court may order sale when regulations prevent fair physical division of water access, such as when a single authorized well cannot be duplicated or separated from the farm unit, leaving any divided parcel unusable for agriculture.
Supporting sources
Yes. Each subdivided parcel automatically receives the same privileges of use authorized by the original easement, and the easement runs to the land rather than to any single owner.
Supporting sources
…which may be erected within their respective limits, as follows: U-1 is restricted to single family dwellings, public parks, water towers and reservoirs, suburban and interurban electric railway passenger stations and rights of way, and farming, non-commercial greenhouse nurseries and truck gardening; U-2 is extended…