Minimum Flow Protection in Riparian States

Abstract

Maintenance of minimum flows necessary for protection of instream water uses has been recognized as a significant water management issue in some of the eastern states. The riparian doctrine, a primary component of the water law of several eastern states, offers some protection to instream uses since it offers protection to riparian land values and requires a sharing of water among landowners along the length of each stream. In addition, legal provisions for recognition of instream uses in federal water management programs apply, and many of the eastern states have adopted applicable legislative measures such as direct controls over water use, programs for preservation of scenic rivers, and minimum release requirements for impoundments. However, such measures do not apply uniformly among the riparian states, and existing legal mechanisms may be inadequate in some cases. Therefore, additional institutional development will likely be necessary to assure continuance of a socially desirable balance between instream and offstream water uses as water demand increases over time.