Illinois Water Supply Planning



Navigation:

                  

Glossary


  
Absolute ownership doctrine:
     "This doctrine, also known as the English common-law doctrine, was first stated in the English case of Acton v Blundell in 1843. This doctrine is based on the concept that each landowner has complete ownership of the groundwater under his land just as he does the soil and minerals. A landowner, therefore, has unlimited right to use groundwater and to interfere with his neighbor's supply of groundwater through normal use activities subject only to the general prohibitions against waste, malicious interference, or negligence. Even though this doctrine refers to absolute ownership, it does not create an enforceable water right; since no legal action can be taken to prevent injury produced by the activities of others. Thus, the doctrine constitutes a simple rule of capture. The doctrine of absolute ownership was developed at a time when groundwater movement was considered unpredictable if not totally incomprehensible. Therefore, it follows that a landowner who is legally entitled to everything beneath his property, should not be legally responsible to others for the adverse effects of groundwater pumpage which could not be anticipated in advance." (ISWPTF, 1989) The Illinois Water Use Act of 1983 statutorily rejected the absolute ownership doctrine and adopted the Rule of Reasonable Use for groundwater.

Choose Another Glossary Word


You can also Search the questions/terms. Term References    

WSP FAQ Home - Glossary - Search

Illinois State Water Survey

2204 Griffith Dr
Champaign, IL 61820-7463
217-244-5459
info@isws.illinois.edu

Terms of use. Email the Web Administrator with questions or comments.

© 2017 University of Illinois Board of Trustees. All rights reserved.
For permissions information, contact the Illinois State Water Survey.
Site Map