The purpose of In-stream flow rights is to leave some water in place for riparian habitat. The legal authority to use within the stream channel a flow of water sufficient for the purpose of preserving values and uses such as wildlife, fish, recreation, and aesthetics. Federal government appropriates water rights for rivers that cross states. The Bureau of Reclamation is one federal agency that supplies water. English rule - right of absolute ownership of water under a property holder's land.
Owner can pump unlimited water at an unlimited rate, even if adjoining owners are impacted.
Was finally overturned in Ohio in 1984 in the case Cline vs. American Aggregates. The judge recognized that scientists could determine that ground-water flow was not secret and that impacts on neighboring users could be distinguished. American rule - landowner has a right to use only a reasonable amount of ground water, recognizing the rights of adjacent owners. Some states now regulate water use to prevent severe declines in ground-water levels. Requires new hazardous land disposal facilities to have a ground-water monitoring system.