Which law gives the landowner the right to the groundwater under that land?

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The law that grants landowners the right to the groundwater underneath their property is referred to as the Common Law Doctrine. This doctrine essentially supports the notion that landowners have rights to the water found beneath their land, allowing them to access and utilize that resource for various purposes.

In contrast, the doctrine of riparian rights pertains specifically to water bodies like rivers and lakes, granting rights to those who own land adjacent to those bodies of water. The doctrine of prior appropriation is focused on the allocation of water resources based on a "first in time, first in right" principle, which is common in more arid regions where water is scarce. The groundwater management act generally involves regulations governing the take and management of groundwater but does not inherently provide individual rights to landowners in the same way that the common law doctrine does.

Understanding the common law doctrine is crucial for water management professionals, as it delineates the rights and responsibilities of landowners regarding groundwater use, which can have significant implications for resource planning and sustainable usage.

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