Author Question: A owns property adjoining a stream. B owns property downstream which is also adjoining. A currently ... (Read 56 times)

SAVANNAHHOOPER23 · **on:** Jun 24, 2018

A owns property adjoining a stream. B owns property downstream which is also adjoining. A currently uses the stream water for domestic and drinking purposes. B is a similar user. A would like to use the stream to irrigate a garden, but B would be deprived of water if A does so. Discuss the parties' rights under both the Riparian and Prior Appropriation Theories.

Question 2

An instrument is said to run to a holder if it contains any of the following attributes, except:
A) payable to his or her order.
B) bearer paper.
C) indorsed to him or her.
D) universal defenses.

ju · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Riparian - even though A's garden is a natural use, A cannot deprive B of water.
Prior appropriation - A is free to go ahead and irrigate so long as he appropriates before B's use.

Answer to Question 2

D