...General Harmon of the United States that riparian States have exclusive or sovereign rights over the water flowing through their territories and the anomaly in this doctrine in the implementation...year 1942 to the effect that “priority of appropriation gives superiority of right”. The Commission had remarked that the common law rule of riparian rights was completely destructive of equitable...true legal position about the inter-State river water and the rights of the riparian States to the same. In Kansas v. Colorado 1907 SCC OnLine...

...between various States and allocation of water of River Krishna and its tributaries among the riparian States. The States of Maharashtra, Karnataka and Andhra Pradesh are the riparian States ...was also not taken nor was the matter referred to the Central Electrical Authority (CEA) or to Central Water Commission (CWC). As the lowest riparian State, the State of Andhra Pradesh will suffer the...of Karnataka has been utilising more than its allocated share of water taking advantage of its location at the top and having control of flow of water as a riparian State. It is ...

...declare that the petitioners have right to the water of River Subarnarekha as riparian owner;(g) to declare that the impugned actions and threats are...fact that the necessary infrastructure for the use and distribution of water for the abovementioned purposes was established by Tisco. By virtue of an enactment known as the Bihar Land Holdings Act, as...which a dam known as Chandil Dam was a part. It enables impounding the water of Subarnrekha river. Chandil Dam is located upstream of Subarnrekha river above the township of Tisco...

...rights have not been affected. Respondent No. 1 has ensured that there shall be compulsory discharge of 15% water.4. Respondent No. 2 has reiterated the stand taken by the respondent...land.iii) ‘No objection certificate’ has not been obtained from the Fisheries Department;iv) The Water Channels will be destroyed affecting the cultivation of his land.... According to respondent No. 1, the Memorandum of Understanding was entered into between the State and respondent No. 6 on 5.7.2002 and the Implementation Agreement was signed on 20.7.2004 Riparian...

...and navigable, because where the stream is tidal and navigable, the solum of the bed belongs to the Crown. Yet in neither of these cases are his rights as a riparian owner to take water affected. He...order to make the water available to those tenements which are not riparian tenements. In Gaved v. Martyn, Erle C.J observed (p. 759):—“The flow of a natural stream creates mutual rights...are not riparian owners at all; and yet the plaintiffs are seeking to build a bandhara and store water of this stream so that the water may be made available even to such of them who are not ...

...Musi and leading it into and storing it in wells and thence irrigating the plaint lands falls within the natural rights of a riparian owner in India, and (3) whether the water of the Musi stream, if...taken by the riparian owner of inam lands, is water belonging to Government within the meaning; of the Cess Act for which a separate cess can be legally levied by Government.Assuming for...without disturbance “the natural advantages arising from the situation of” his riparian land including his right to use and consume the water of the stream for drinking, household purposes and watering...

...flow of water and deprived his lands of the water they had a right to enjoy. This interference with the rights of the respondent and other lower riparian owners was the basis of ..., river, channel or place.” It follows that the section can be used only where there has been an invasion of public rights.2. But the rights of riparian owners, however numerous they may be...the rights of irrigation of the lower riparian owners, the learned Magistrate took it upon himself to decide what Chapter X of the Code did not authorise him to decide and what was really for a civil...

...is not sufficient for disposal of the case. A riparian owner, where a stream flows in a channel down from a property higher up, is entitled to the flow of water without interruption and without...distributed, they are entitled to take it and use it so, unless they thereby cause a diminution of the flow of water to the plaintiff's riparian tenement. The owner of a tenement adjoining a natural stream...however no right to divert water to a place outside the tenement and there consume it even though he does not thereby diminish the flow of water to the lower riparian tenement (McCartney v...

...the river is conceded, it would mean that the Inamdars would be able to divert the water completely and destroy the rights of the other riparian owners whose lands are situated outside the village.... They may be able to pollute the water or do anything with it to the prejudice of the said riparian owners. Such rights cannot be claimed by the appellant unless the Sanad in his favour makes the grant...had certain rights in the flowing water of the river as riparian owners and the illegal acts of the military authorities had affected the said rights and thereby caused damage to them. In fact, as...

...from river Sriram into the river Jaypur, it could not affect the rights of the defendants to take water from river Sriram for their riparian use.5. He decreed the plaintiffs' suit for....(iii) Each riparian owner has a right to the water; But this right is confined only to the flow of the water and its enjoyment subject to similar rights of other owners on the...purported to divert the water of the river from an upper limit to itself at a lower limit entirely for non-riparian use and contrary to the decree in T.S No. 340 of 1940 and to the rights of the...

...natural stream and the riparian proprietors of the artificial course would have the same rights as if the water-course was a natural stream. In that case a natural stream at a certain point had by...partly in Natha until the water reached the plaintiff's ahar in Natha. The rights of the plaintiff were those of a riparian proprietor and the plaintiff has upon the finding of the Court below bee...the plaintiff was allowed to construct the water course on the land of the village Kendua. It is clear therefore that whether the plaintiff's rights are riparian or are based on grant arrangement with...

...raises the question, is the abstracting of the water by the new excavation in excess of the defendants' natural riparian rights? The channel having been found to be a new excavation, the Subordinate...circumstances.4. Each riparian proprietor has a right to the water flowing past his land; but it is a right only to the flow of the water and the enjoyment of it, subject to the similar ...the defendants' natural rights?This question must be answered with reference to the following considerations.1. A riparian right arises from the right of access to the stream...

...rights of riparian owners in regard to water flowing through natural courses abutting on the lands of such owners, Since this case will have to be decided ultimately on an application of the law o...right of other riparian owners who have co - extensive rights to the water of the stream. It is limited but only by rights of persons in similar position having lands abutting both sides .... (6) the riparian rights of lower owners is to have the water of the stream transmitted to them continuously and in a manner which does not materially affect their enjoyment of ...

.... Illustration (h) refers to the rights of a lower riparian owner as against an upper riparian owner in these terms: "The right of every owner of land that the water of every nat...foot 9 inches in parts and 2 feet 3 inches in other parts and causing an obstruction to the natural flow of the water and materially diminishing the supply to the lower riparian owners...volume of water to be diverted than he was customarily entitled to and thus also diminished the flow of water to the lower riparian proprietors. 2. He prayed for a declaration that the...

...right is a natural right ... That in India rights of the riparian owner include also the right to take reasonable quantity of water for purposes of. irrigation scarcely admits of any doub...hold that those riparian rights include the right to take a reasonable quantity of water from the Tagarupaya for irrigating the land in question on the edge of the island. That being so, the...ordinarily be drawn between the main bank and the island, bisecting the intervening channel. This would seem to imply that the owner of the island possesses the same riparian rights as the owner of either...

...effects include bed degradation, bed coarsening, lowered water tables near the stream-bed and channel instability. These physical impacts cause degradation of riparian and aquatic biota and may lead to...degradation from in-stream mining lowers the elevation of stream flow and the floodplain water table, which in turn, can eliminate water table-dependent woody vegetation in riparian areas and decrease.... In view of the constitutional provisions, the doctrine of public trust has become the law of the land. The said doctrine rests on the principle that certain resources like air, sea, water and fo...

...proprietors; the larger the number of riparian proprietors whose rights are involved the greater the difficulty of adjustment, the length of the stream, the volume of water in it, the ext...Banaili had no right to exercise his rights as a riparian proprietor over any portion of it. The assistant settlement Officer was concerned to decide the boundary between certain villages lying on the...into the question of irrigation rights and he found that the tenants of the Banaili Raj were not entitled to exercise any of the rights of riparian proprietors in respect of this...

...not abut the said streams and therefore, he cannot be a riparian owner having riparian rights to the water flowing in the natural streams. I find considerable force in this contention of the learned.... No. 28 is at a much higher level than the pond ‘A’ and it is not apparent from the record whether Page: 172the first respondent is a riparian owner in relation to such a natural flow of water. The...suit was resisted on behalf of the defendants on several grounds, one of which is that the appellant was not a riparian owner and had not any riparian right to the use of such water. Since the dec...

...-scale projects were taken up in one State, the other riparian States were apprehensive of getting their share of water from the river and it is in this context, for sharing the water of Tungabhad...and Andhra Pradesh, which became the riparian States. Each of these States became active for exercising their right share over the water of Krishna Valley and the Central Water and Power Commission had...drawn up a scheme for reallocation of the Krishna water. That however was not acceptable to the States and no agreement between the States could be reached. Whenever any of the riparian States would...