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Real Estate Exam Prep - Water Rights Explained - YouTube
Channel: C.R.E.A.M - Champion Real Estate Academy of MA.
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hey everybody welcome back to the
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channel and another episode of real
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estate exam prep where i break down the
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information that's going to be on the
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exam so you can pass on the first try so
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today's lesson we're going to get into
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water rights or better known as riparian
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and latoya writes so i'm going to break
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those down for you so that way when you
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see them on the exam
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easy peasy
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so the first one we have is going to be
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riparian rights now when you hear
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riparian the r
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think of running water think of a stream
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a river because these are rights that
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are going to be any property that abuts
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a river or a stream anything that has
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running water
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so here's the key with riparian rights
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if you have two properties that are next
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to each other and i'd say the property
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line is the river okay
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if the water is non-navigable so what
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does that mean that means you can't
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can't use a canoe on it can't put a boat
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on it you know the water is probably
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like you know below your knees you kind
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of kind of walk on it so it's
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non-navigable you can't put a vessel on
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it right if that's the case then you and
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the other owner will own up to the
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center line of the river and the land
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underneath it and that's important
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because if you're in an area where you
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have minerals like maybe gold right
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that's in the river then that gold
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belongs to you
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but if that river is navigable you can
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go rafting on it put you know go down
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with a canoe
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or a boat if it's bigger then guess what
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you only own until the banks of the
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river and the state
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owns the land underneath
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that's how they get you
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all right so next we have latoral rights
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now when you think of the torah rights
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think of l for large bodies of water
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so great ponds lakes um tidal waters
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right the ocean that's a great body of
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water so this is gonna be um your
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property rights of any property that
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abuts a large body of water and what a
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butts means is that the property line
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just goes right next to the water right
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but it's
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either um it's either next to it or it
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might be part of your property too okay
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now the way that works is typically your
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ownership is going to be to the
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shoreline or the mean high water mark
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and i'll give you a little chart where
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you know you kind of see how that's
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that's you know derived you don't need
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to know how to come up with the high
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water mark and all that stuff for the
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exam that's all you know um extra level
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stuff you don't need to know that um but
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just so you get idea of you know what
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they're referring to we'll also see how
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typically it's marked so sometimes you
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might see like a steak or or something
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like you know in the sand that shows
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that this is where the you know um the
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property line is
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now for
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for large bodies of water lakes great
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ponds that are 10 acres or more
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that automatically is going to be under
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the control of the state they're going
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to control that however
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if that pond or that lake is fully
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contained within your property so you
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have a 20 acre lot and you have a 10
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acre pond or lake that's your pond at
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your lake okay so you own it the only
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you know restrictions you'll have would
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be your state environmental code right
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so you may not be able to do certain
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things or what have you you know
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depending on that but other than that
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it's a private lake private pond it's
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it's pretty much yours
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now included electoral rights we also
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have waterfront property rights and
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we're talking more about tidal waters um
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so if your property of butt's an ocean
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you know a c um then your rules are a
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little bit different so typically you're
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going to own to the mean low water line
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or it could be a hundred rods below now
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a rod is 16 and a half feet um you
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actually might see that on the exam okay
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so if your property if you have a beach
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where you have sand and then you know
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you can kind of see the shore and and
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you have a beach well then you're going
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to probably your line is most likely
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going to be the mean low water line okay
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if you have a property where it kind of
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there's a drop off like a cliff right
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where you know you don't have a beach
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but your your seaside and just the water
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goes down
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then at that point they'll probably use
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the 100 rods below whichever is going to
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be less is what they're going to give
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you they're not going to give you any
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more so whichever is less either the
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mean low water line or 100 rods below
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depending on how the sea level is where
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you are
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all right folks well that's it that's
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the riparian rights and lotora rights
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now there are some other definitions
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that you should be aware of pertaining
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to water rights um that you might see on
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the exam
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so erosion is one of the words that you
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might see on the exam and we're probably
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familiar with erosion right from grade
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school it's the gradual wearing a way of
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land by by nature no rain water comes in
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and it just you know it pulls dirt away
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um i guess the best example of erosion
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will be the grand canyon right if you
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look at that that was erosion throughout
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you know centuries and so forth so
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erosion
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so another word that you might see on
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the exam is accretion right an accretion
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is going to be the gradual deposit of
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soil
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through
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through the operation of nature so think
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of erosion where if that dirt is being
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pulled away from somewhere well it has
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to end up somewhere right downstream
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that's going to be the accretion so
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accretion is kind of the opposite of
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erosion
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another term you might see on the exam
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is avulsion now evolution is going to be
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the
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sudden loss of land or additional land
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that results from the action of water
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now that could be something like a storm
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is coming out of new england right and
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where you have you know these giant
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waves come and they they they just take
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chunks out of the shore right that would
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be considered a motion
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for if you know rivers that kind of just
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just
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grow you know they
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they swell up and and they take land
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that would be considered abortion as
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well
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now the flip side to evolution is
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religion and religion is going to be the
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gradual recession of water that results
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in dry land and typically it's going to
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be permanent right so when you hear of
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lakes drying up and so forth that's
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relation
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and finally the last term you might see
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on there is the doctrine of prior
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appropriation yes remember this one they
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like to throw this one in because most
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people forget about it so the doctrine
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of pride appropriation what it does is
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in areas where water is scarce so like
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usually you know western um us or
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midwest so you're looking at parts of
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texas colorado nevada new mexico things
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like that where where there's not a lot
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of water
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the government the state controls the
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water right you're able to use it for
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domestic purposes but if you want to use
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the water for agriculture or anything
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else you have to ask for permission um
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now you might see it later on as you
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know first time first right that type of
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stuff don't worry about that when you
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see that that's really more advanced
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stuff i don't even think it's on the
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broker's exam
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so if you're really into water rights
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then that's when that comes in but as
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far as exam purposes that's what you
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need to know as far as the doctrine of
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prior appropriation it's controlled by
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the government for areas where water is
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scarce and if you want to use the water
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for anything other than domestic
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purposes you gotta ask permission
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well there you have it folks that's what
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you need to know as far as the water
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rights so as your doctoral and your
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riparian rights um if you have any
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questions or comments please leave them
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below i'll certainly get back to you
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don't forget subscribe and like i really
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appreciate it um and also if there's
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something you'd like to see on the
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channel please let me know i'm working
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on videos all the time and i'll be more
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than happy to do something for you um or
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even if you have just specific questions
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i answer in the video no problem
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all right folks well thank you and um
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until next time
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