To better understand…
Recite the GR
Stated differently
By way of exception
Recite the exceptions
Having the GR and its EXPNs, we would see
Indeed
Corollary to the… the keywords here are
Later, we will learn more about… but for the purpose of…
An easement or servitude is "a real right constituted on another’s property, corporeal
and immovable, by virtue of which the owner of the same has to abstain from doing or
to allow somebody else to do something on his property for the benefit of another thing
or person.
With this in mind, this right must be taken in connection with the third keyword in that
this rights shall be exercised only to the extent that the beneficial use of water to be
appropriated may be achieved
In addition to this, this right is subject to other conditions… recite
The holder exercising the said right…
What do you understand by servient estate? If… then what do you call
The immovable in favor of which the easement is established is called the dominant
estate; that which is subject thereto, the servient estate.
At this point, it is useful to know that there are two kinds of easements according to
source as stated in in art. 619 of the CC– by law or by the will of the owners.
Hence, notwithstanding the aforesaid rules… easements may be left to the agreement
of the parties… provided they do not contravene… and prejudice…
In revoking water permits, two requisites must concur for such revocation to be valid…
the presence of due notice and hearing and the presence of any of the grounds
enumerated under article 29 of the water code (NGUWADIS)
Order of preference
PRIOR APPROPRIATION
The prior appropriation doctrine, or "first in time - first in right", developed in the western
United States in response to the scarcity of water in the region. The doctrine evolved during
the California gold rush when miners in California needed to divert water from the stream to
locations where it was needed to process ore. Customs and principles relating to water
diversion developed in the mining camps, and disputes were resolved by simple priority rule.
According to the rules of prior appropriation, the right to the full volume of water "related
back" or had the priority date as of the time of first diverting the water and putting it to
beneficial use. In other words, those with earliest priority dates have the right to the use of
that amount of water over others with later priority dates. Unlike a riparian right, an
appropriative right exists without regard to the relationship between the land and water. An
appropriative right is generally based upon physical control and beneficial use of the water.
These rights are entitlements to a specific amount of water, for a specified use, at a specific
location with a definite date of priority. An appropriative right depends upon continued use of
the water and may be lost through non-use.
RIPARIAN--relating to or situated on the banks of a river.
The doctrine of riparian rights in the United States has its basis in case law which first involved
Tyler v. Wilkinson in 1827; analyzing the nature and extent of the right which persons owning
land contiguous to a water course have to the use of the water. This case arose out of a
dispute between mill owners over the right to use the flow of a river for mill power. Justice
story: in virtue of this ownership, he has a right to the use of the water flowing over it in its
natural current, without diminution or obstruction. He has no property in the water itself;
but a simple use of it while it passes along. No proprietor has a right to use the water to the
prejudice of another. Perfect equality of right among all. Riparian rights are of equal priority
Riparian water rights, therefore, occur as a result of landownership. A landowner who owns
land that physically touches a river, stream, pond, or lake has an equal right to the use of water
from that source. This water right, however, is only a usufructuary right and not a property
right in the water. The water may be used as it passes through the property of the land
owner, but it cannot be unreasonably detained or diverted, and it must be returned to the
stream from which it was obtained.
