Legal Definitions - aqua profluens

Aqua profluens is a Latin term that translates to "flowing water." In legal contexts, it refers to water that moves naturally, such as in rivers, streams, or natural springs, rather than stagnant water or water held in a container. This concept is fundamental in property law and environmental law, particularly when addressing rights to use and access natural water bodies. It underscores the principle that such water is generally not owned by any single individual but is subject to rights of use by those whose land it passes through or borders.

• Example 1: Riparian Landowner's Rights

  A vineyard owner has property that borders a small, natural creek. During dry spells, the owner diverts a portion of the creek's water to irrigate their grapevines. The water in the creek is considered aqua profluens. The vineyard owner, as a riparian landowner (one whose property adjoins a natural watercourse), has a legal right to make reasonable use of this flowing water, even though they do not own the water itself. This right is tied to the land's natural proximity to the moving water.

• Example 2: Environmental Protection of Waterways

  A new housing development proposes to build homes near a forested area containing a natural stream that eventually feeds into a larger river. Environmental regulations require the developers to implement measures to prevent construction runoff from polluting the stream. The stream and river are examples of aqua profluens. The law recognizes these natural, flowing water bodies as a shared resource that must be protected from contamination, reflecting the principle that no single entity has the right to degrade this common good.

• Example 3: Public Access to Natural Water Features

  A hiking trail runs alongside a scenic mountain stream that flows through both private and public lands. Local ordinances ensure that the public has access to the stream for recreational purposes like fishing or wading, even where it crosses private property, provided they stay within designated access points. The stream is aqua profluens. The legal framework acknowledges the natural, flowing character of the water and often provides for public rights of access or use, recognizing that such natural resources are not exclusively controlled by individual landowners but serve broader community interests.