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Chapter 3
Chapter 3 - Key Terms
| Question | Answer |
|---|---|
| ad coelum doctrine | the title to land extends upwards indefinitely to the sky (page 39,52) |
| beneficial use | water use - once water priority is established, the right remains other than changes that result from natural causes (page 44) (There's more, read the page) |
| correlative rights doctrine | prohibits depletion of a common pool of oil or gas, sometimes applied to water (page 46) |
| land | the solid surface of the earth and the natural elements (water and minerals) associated with it (page 37) |
| littoral land | lands that border on an ocean, sea or lake (page 41) |
| mineral rights | land rights can be divided horizontally to establish mineral rights by either deed, reservation, lease, or mineral rights options (page 47) |
| natural flow doctrine | each riparian owner (land that borders a stream, etc) possesses the right to the ordinary flow of water along his or her land undiminished in quality and quantity (page 42) |
| nonownership theory (of oil and gas) | oil and gas are not the subject of ownership because of their migratory nature (page 50) |
| nuisance | an unreasonable interference by one party with another's use or enjoyment of his or her land (page 56) |
| ownership theory (of oil and gas) | oil and gas are minerals and are therefore as subject to absolute ownership as coal or any other solid mineral (page 48) |
| percolating waters | water that passes through the ground, not flowing in a clearly defined underground stream or supplied by streams flowing on the surface (page 45) |
| prior appropriation | water rights doctrine giving primary rights to first users of water (page 43) |
| reasonable use doctrine | owner can make reasonable use of the water that flows by his or her land (page 43) |
| riparian land | lands that border on a stream or water-course (page 41) |
| rule of capture | oil and gas law - allows a landowner the right to all oil and gas from wells on his or her land, including oil and gas migrating from the land of others (page 50) |
| trespass | a wrongful, physical invasion of the property of another - ex slanted well that goes on another's property (page 50, 56) |