History of Water Rights
In Roman times, the law was that people could obtain temporary usufructuary rights for running water. These rights were independent of land ownership, and lasted as long as use continued. Under Roman law, no land was "owned" by citizens, it was all owned by the "republic" and controlled by politicians.
In Medieval times, the common law of the day treated all freshwater streams as static, meaning landowners owned parts of rivers, with full accompanying rights. Landowners could also seek damages for loss of water diverted upstream. Non-landowners did not have use rights, except by obtaining a prescription.
Over time, rights evolved from being land based to use based, allowing non-landowners to hold enforceable rights. A reasonable use rule evolved in some countries.
Read more about this topic: Water Right
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