Question

Shanty Hollow Corporation was issued a permit by the New York State Department of Environmental Conservation to withdraw water from Schoharie Creek for purposes of its snowmaking equipment. Shanty Hollow operates a winter sport recreational area. The Catskill Center for Conservation and Development, property owners along the creek, and anglers brought suit against both the state and Shanty Hollow for excessive withdrawal of water from the creek. What is the result under the Riparian Doctrine? In contract, what would be the result under the Prior Appropriate Doctrine?

Answer 1

Ans. Under Riparian Doctrine , the property owners would win the suit against State and Shanty Hollow because under this doctrine , the owners of the property have the right to use the water of the stream.

Under Prior Appropriate Doctrine , the State and Shanty Hollow would win the case because under this doctrine , the first beneficiary of the water source would have the right to use the water source.

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