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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories New program helps socialize shelter dogs coming to Jackson County 10 things to know for Monday Red tape slows plans to remove blow-down trees at Howard Prairie Emergency Services, May 11 Fire engulfs house on Hwy. 99 near Rogue River Crime, Courts and Emergency Services Emergency Services, May 11 Emergency services, May 10 Emergency services, May 9 Jackson County deputies searching for wanted man after pursuit Medford man sentenced in machete attack Politics and Elections Ashland water bills could go up to fund watershed protection Pacific Connector Gas Pipeline opponents rally in Medford BREAKING: Baltimore prosecutor charges officers in Freddie Gray's death Earthquakes hit regularly in Medford (Oklahoma, that is) Medford School Board, Position 6: Curt Ankerberg vs. Janet Lightheart Education Medford schools still filling admin roles Appeals court rules against Central Point schools on bus outsourcing Hedrick principal to take helm at North Medford High School More kindergartners vaccinated in 2015 Elementary students honor local police officers Environment Ashland water bills could go up to fund watershed protection Crater Lake may soon have China connection State waives college placement tests for students who hit high marks Stopping fire in its tracks Pacific Connector Gas Pipeline opponents rally in Medford State News Josephine County preps for more budget cuts Oregon winemakers say trade deal would help open up export markets Remains of soldier killed in 1951 to be buried in Roseburg Obama makes pitch on trade deal at Nike: 'Just do it' Forecast for 2015 predicts busy wildfire season Nation - World There's a $10 million precious stone hidden in plain sight at Grand Central Obituaries Dorothy Evans Helen Nadine Sankey Dickie Miles Hayes Nita Day Layne Alan Battenfield Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Sports Latest Stories Clippers rout Rockets to take 3-1 lead Beavers, Utes tie in 15 Fowler delivers major performance at Players LeBron’s game-winner evens series at 2 Late lift Varsity 541 College Sports Beavers, Utes tie in 15 OSU tosses second straight shutout Maguin steals the show Trio of Raiders shine as CC meet opens Beavers' Moore shuts out Utah, 3-0 Pro Sports Clippers rout Rockets to take 3-1 lead Fowler delivers major performance at Players LeBron’s game-winner evens series at 2 Late lift Wambach scores twice in U.S. win Community Sports Bailey picks up modified win Wilson delivers in return of local boxing Business Latest Stories Pacificorp plans solar farm at former Bly mill site People in Business Business briefs: Avista, Mcintosh, BOLI Blog: 1-800-Flowers.com SEC filing provides peek into Harry & David revenue and cost figures Blog: Mom is Our Hero! Real Estate News Single-family home sales take off Never enough: New Starbucks proposed on Barnett Road in Medford Jackson County debt-ridden homeowners have an option New home in an old house Naumes plans custom-crush winery in former packing house People In Business People in Business Transportation Erickson finds room to work at Medford airport Lithia Motors nets $40.7 million in first quarter Lithia Motors reports second-best quarter ever Business briefs Medford airport's record run continues Agriculture 1-800Flowers.com reports $10.5 million loss in third quarter Naumes plans custom-crush winery in former packing house Opinion Latest Letters to the Editor, May 11 Kathleen Parker: Geller has the right, but commits speech abuse Our View: Mental health funding should be a priority Letters to the Editor, May 10 Guest Opinion: Oregon mothers need much more than flowers Editorials Our View: Mental health funding should be a priority Other Views: Court ruling means PERS reform is dead Our View: Could self-serve ban be on the way out? Our View: Cheers and jeers Our View: Set firm deadlines on blighted houses Letters to the Editor Letters to the Editor, May 11 Letters to the Editor, May 10 Letters to the Editor, May 8 Letters to the Editor, May 7 Letters to the Editor, May 6 Columns Kathleen Parker: Geller has the right, but commits speech abuse Guest Opinion: Oregon mothers need much more than flowers George Will: The gospel according to Huckabee Dana Milbank: A performance by Lindsey and the Jets Charles Krauthammer: Free Willy! Guest Opinions Guest Opinion: Oregon mothers need much more than flowers Guest Opinion: Child poverty and the Schneider Children’s Center Guest Opinion: Animal-killing program pulls wool over taxpayers' eyes Guest Opinion: Uniting to restore our sovereignty to we, the people Guest Opinion: This Earth Day, we celebrate the Northwest Forest Plan Lifestyle Latest stories Get A Life: Get some sleep Sorcerer-historians and hunted boats New Arrivals Adopt a pet: Meet Edna One-derful once-blooming roses Food Community blog: Sorry, Mom, there's more than one beef stroganoff Community blog: Teatime is anytime when recipes brew new dishes Eat your greens (tea, that is) Season Stepp: Make some cheesecake mousse-filled strawberries Page H. Onorato: Baked potato soup is comfort in a bowl Home and Garden One-derful once-blooming roses Breathe easier with whole-house air purification Dear Monty: Water rights of property owners Paul Rogers: ‘Living’ mulches a healthy alternative to bark Heirloom tomatoes bring ageless flavor Health Community blog: Don't Fall for This Part 2 Health Watch: Easy tips to drink more water throughout the day New cardiac rehab center opens at Asante RRMC Community blog: You and Me at 83... Search on for new medical provider for Butte Falls, Prospect clinics Hiking Biking Faith Religion Briefs: Friday, May 8 Religion Briefs: Friday, May 1 Religion Briefs: Friday, April 24 Religion Briefs: Friday, April 17 Milestones and Achievements Bukair-Hinkle Wedding: Stephanie Anne Obad and Mark Douglass Schmor Ashland water bills could go up to fund watershed protection Drones helping create unique wedding photos Pick your favorite wedding flowers Columnist for a Day Rogue Healthy Aging Tempo Latest stories Flowers, art and music highlight Art in Bloom 5 picks for live entertainment Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest Dancing People Company presents 'Salon Series' Theater REVIEW: Randall Theatre's 'Little Shop of Horrors' a rollicking good time REVIEW: Carson, Patton shine in 'Arsenic and Old Lace' Some Oregon Shakespeare Festival crew members seek to unionize Randall Theatre stages 'Little Shop of Horrors' 'Much Ado' at SOU Music Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest The Farr Side: Mumford & Sons’ latest is full-on rock Tina Malia at SOU Music Hall in Ashland Earthquake benefit for Nepal Community Events 5 things to see at Art in Bloom Flowers, art and music highlight Art in Bloom Hip-Hop Poetry Open Mic at OSF's Black Swan in Ashland Ashland's First Friday Art Walk showcases new exhiits by regional artists Master Gardener Spring Fair at The Expo Movies Movie review: ‘Hot Pursuit’ is a hot mess George Miller returns to his ‘Mad Max’ roots Tom Hardy adapts to life as Mad Max Victor D. Infante: ‘Avengers’ begs the questions, ‘Why superheroes, and why now?’ Movie review: ‘Avengers: Age of Ultron’ has a lot going on Dining Restaurant inspections: May 10, 2015 Wood-fired pies at Peace of Pizza Trium is a classic example of a boutique winery Restaurant inspections, May 3, 2015 Taqueria Picaro offers casual Mexican cuisine Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Special Sections Business Services NEWS NOW New program helps socialize shelter dogs coming to Jackson County ... Red tape slows plans to remove blow-down trees at Howard Prairie ... Fire engulfs house on Hwy. 99 near Rogue River ... New program helps socialize shelter dogs coming to Jackson County ... Red tape slows plans to remove blow-down trees at Howard Prairie ... Fire engulfs house on Hwy. 99 near Rogue River ... Dear Monty: Water rights of property owners By Richard Montgomery More Content Now MailTribune.com By Richard Montgomery More Content Now Posted May. 5, 2015 @ 7:43 am By Richard Montgomery More Content Now Posted May. 5, 2015 @ 7:43 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Reader question: What kind of rights does a property owner have if their property borders a moving body of water? — William G. Monty’s answer: Hello William, and thanks for your question. It is not clear what a moving body of water represents in your question. Is it a river or a lake? Is it the tide rising and falling? Is it an underground river or aquifer? Or even a seasonal stream? Water rights fall into three basic categories with different rights and responsibilities in each. 1. Surface water: rainwater or snowmelt. 2. A watercourse: a river, lake or underground stream. 3. Groundwater: aquifers accessed by a drilled well. Property owners with a source of water have access to the water, but they do not “own” the water. The source, scarcity, different theories and the location by the state will dictate the rights applying to their use of the water. States where water is scarce tend to exercise more control over landowner water rights. Here are the theories by source of water: Surface water • The common enemy: The water is the common enemy, and each property owner must protect himself or herself from it. The lower landowner is at risk. • The reasonableness rule: If the party that altered the land was unreasonable, they may be liable for damages if damages can be proven. • The civil law solution: The upper landowners, are responsible for damage to lower landowners. The upper landowner is at risk. Surface water can be an issue with landowners everywhere in the United States. The frequency and cause of disagreements vary with the geography and precipitation. Mountains have seasonal melting and deserts have “washes,” known as arroyos, which are most often as dry as a bone. New subdivisions generate new construction and with continuing construction directing the surface water flow can take years to sort out. Rivers and streams overflow their banks. Watercourses With Riparian Rights, the philosophy is equal rights with other landowners owning property connected to the body of water. Each state is different with the details, but an owner cannot take more water than they need, and the water must fill a beneficial use. While property owners with water have access to the water, they do not “own” the water. The Prior Appropriation Doctrine, which means the state controls the water, and the state, not the riparian owners, decide the use of the water, and by whom. The state will dictate which theory applies to your property. Western states are prone to the Prior Appropriations Doctrine because of the scarcity of water. Groundwater An aquifer owner can be a public or private entity. If the owner is a public entity, such as the state, the state decides who has access to the water and how much water they can use. A private entity can regulate the production of water on state liability law or land ownership. An example of this system is the number and capacity of wells a property owner over the aquifer owned by others could drill. Regardless of the ownership, the type of aquifer, the economics and the hydrology in the area will determine the effectiveness of the rules. Other considerations There is another legal theory that can come into play with water property called a meander line. The meander line is a high water elevation that determines the amount of property between it and the waters edge at its low. The Bureau of Land Management has a plethora of information regarding meander lines. In addition to these legal theories impacting the property, states have regulations about what a property owner can, and cannot do near or on the water. State and federal agencies such as Federal Emergency Management Agency or the state’s Department of Natural Resources promulgate and enforce the rules. An internet search for a state will reveal a web link. Many entities want a say with utilizing our natural resources and water is at the top of the list. Water often creates Environmentally Sensitive Areas near the water’s edge that harbor certain plants and wildlife. There may be limits on the use of certain areas called wetlands. Consider checking with the county as it may have restrictions on the use of the water or land near water’s edge. Examples of this may be how close to shore you could build a structure, or whether or not you could build a pier. Search for more information using the keywords above online. Richard Montgomery gives no nonsense real estate advice to readers most pressing questions. He is a real estate industry veteran who has championed industry reform for more than a quarter century. Send him questions at DearMonty.com. By Richard Montgomery More Content Now MailTribune.com By Richard Montgomery More Content Now Posted May. 5, 2015 @ 7:43 am » Comment or view comments /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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