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Removal of Trees Not Development of New Source
Publication year - 1985
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1985.tb05580.x
Subject(s) - tributary , evapotranspiration , hydrology (agriculture) , environmental science , water resources , aquifer , water resource management , streams , geology , groundwater , geography , computer science , ecology , geotechnical engineering , cartography , computer network , biology
A landowner's proposal to replace trees with grass, allegedly resulting in a reduction in evapotranspiration and a net gain to a stream system, cannot be considered “development” of new sources of water”. An appellate court held that reduction in the consumptive use of tributary water cannot provide the basis for a water right that is independent of the system of priorities. The court emphasized that the water lost by evapotranspiration was an integral part of a single, hydraulically connected system and must be regarded as tributary to the aquifer and, subsequently, to the stream.