overlying right

« Back to Glossary Index

Property owners above a common aquifer possess a mutual right to the reasonable and beneficial use of a groundwater resource on land overlying the aquifer from which the water is taken. Overlying rights are correlative (related to one another), and overlying users of a common water source must share the resource on a pro rata basis in times of shortage. A proper overlying use takes precedence over all non-overlying uses.

« Back to Glossary Index