Legal Definitions - supra riparian

The term supra riparian refers to a property owner whose land borders a natural watercourse, such as a river or stream, and whose property is located upstream or closer to the source of that watercourse compared to another specific property or point further downstream. Essentially, it describes the relative position of a landowner along a watercourse, indicating they are situated "above" another property on the same body of water. This upstream position can be significant in determining water rights, responsibilities, and potential impacts on downstream users.

• Example 1: Water Usage Dispute

  Imagine two neighboring vineyards, "Vineyard A" and "Vineyard B," both relying on water from the same river for irrigation. Vineyard A is situated higher up the river, closer to its origin, while Vineyard B is located downstream from Vineyard A. In this scenario, Vineyard A is the supra riparian property relative to Vineyard B. This means Vineyard A has certain rights to use the river's water before it reaches Vineyard B, but also carries responsibilities not to excessively diminish the flow or quality of water for Vineyard B's use.

• Example 2: Environmental Impact and Pollution

  Consider a small town that draws its drinking water from a river. Upstream from the town's water intake, a new industrial facility begins operations. This industrial facility is the supra riparian entity relative to the town's water supply. If the facility were to discharge pollutants into the river, its supra riparian position means its activities could directly and immediately impact the water quality for the downstream town, potentially leading to legal disputes over environmental damage.

• Example 3: Construction and Water Flow Alteration

  A property owner, Mr. Henderson, owns land along a natural creek and decides to build a small dam to create a pond for recreational use. Further downstream, Ms. Ramirez also owns land along the same creek and relies on its natural flow to water her livestock. Mr. Henderson's property is supra riparian to Ms. Ramirez's property. This means Mr. Henderson's construction must consider the impact on the natural flow of water to Ms. Ramirez's downstream property, as his actions could significantly affect her access to water and potentially lead to a claim of interference with her riparian rights.