PSI Oklahoma Real Estate Practice Test

A stream running north to south separates two parcels of land. The owner of the eastern bank claims all the water to the western bank. The owner of the western bank can legally dispute this claim based on which Doctrine?

1. Doctrine of Prior Appropriation

2. Riparian Rights

3. Doctrine of Water Rights

4. Adverse Possession

The correct answer is: Riparian Rights

The correct answer is based on the principle of Riparian Rights, which governs the rights of landowners whose property is adjacent to a flowing water source, like a stream or river. Under this doctrine, each property owner has the right to make reasonable use of the water while ensuring that such use does not harm the rights of other riparian owners upstream or downstream. In the scenario presented, the owner of the western bank can dispute the claim made by the owner of the eastern bank because Riparian Rights allow both parties access to the water. The eastern bank owner does not automatically have exclusive rights to the water simply due to their location along one side of the stream. This doctrine emphasizes that water rights are shared among those who own land adjacent to the water source, thus allowing for legal recourse against claims of sole ownership. Understanding why the other options are less relevant: The Doctrine of Prior Appropriation is typically associated with water rights in arid regions where water is scarce, and it establishes a first-come, first-served basis for water use, which is not applicable here. The Doctrine of Water Rights is a more general term that could encompass various doctrines, including riparian rights, but it doesn’t specifically address the situation. Adverse Possession