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Simple English definitions for legal terms
beneficial use
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A quick definition of beneficial use:
Beneficial use is a term used for water rights in some parts of the United States. It means that people can use water from a source for things that are helpful or valuable, like growing crops or making electricity. But they can only use as much water as they need for that purpose. Beneficial use can also mean that people have the right to enjoy certain things about a property, like sunlight or fresh air, even if they don't own the property.
A more thorough explanation:
Beneficial use is a term used in the western United States to describe the use of water rights. It is based on the prior appropriation doctrine, which means that the first person to use the water has the right to continue using it.
Many state laws define beneficial use as the basis, measure, and limit of a water right. This means that a person can only use as much water as is necessary for a beneficial purpose, such as irrigation, hydropower generation, or domestic use.
For example, if a farmer has a water right for irrigation, they can only use as much water as is necessary to grow their crops. They cannot use more water than they need, and they cannot use the water for any other purpose.
Beneficial use can also refer to a person's right to enjoy property or its desirable qualities, such as light, air, or access, when the person does not possess legal title to the property. For example, if a person has a right-of-way across someone else's property, they have a beneficial use of that property.
In summary, beneficial use is a way to ensure that water resources are used efficiently and for the greatest benefit to society. It limits the amount of water that can be used for a specific purpose and ensures that water is not wasted or used for non-beneficial purposes.