A owns property adjoining a stream. B owns property downstream ...

[SAVANNAHHOOPER23]

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]

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

[SAVANNAHHOOPER23]

Thanks for the timely response, appreciate it

[phuda]

TYSM