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management programs for the States must take each of them into 

 consideration. A broad range of estuarine zone policies are affected 

 by some of these interstate variations: 



(1) Basic Water Laws -- Eastern States follow the riparian 

 doctrine, in which water rights are tied to ownership 



of adjoining or underlying land. Western States generally 

 accept the first-in-time, first-in-right appropriation 

 doctrine in which rights are acquired or abandoned by 

 use. Unlike riparian law, priority in time determines 

 water rights, independent of land ownership. To complicate 

 matters further. States on the Pacific recognize both 

 these rights while Louisiana accepts elements of the 

 Napoleonic Code. 



Water law does not closely control water use. For example, 

 under riparian law, water should be free from "unreasonable" 

 pollution so that "reasonable" use may be made of it. 

 Yet the interpretation and application of these water 

 rights affect the type of improvements and accretions 

 that may be made by riparian owners, such as reclaiming 

 land, constructing piers, or removing sand and gravel. 



(2) Tideland Boundaries -- a majority of States claim 

 ownership under English common law from the high water 



mark seaward to the 3-mile limit, but, there are significant 

 variations. Massachusetts, New Hampshire, Delaware, 

 Pennsylvania, Virginia, and Georgia permit private land 



