But do you own a river that passes through your land? If not then what is your responsibility for the river? Do you need to preserve the water in exactly the same condition as it entered your property or not? Similarly, what are your rights as far as the river water that enters your land? Must it be pristine or could it be polluted?
Water rights law is very well established, with several different viewpoints. The one I'm most familiar with is the prior appropriation doctrine used in the western US, specifically, New Mexico.
Available water belongs to the public, not landowner. However, water use rights are assignable.
The right to use water goes first to the person with the oldest claim (the "senior appropriator"). You might have no claim to water running through your land, or as a junior appropriator only get access during wet years.
You may not block a senior appropriator from being able to make their appropriated beneficial use of that water.
As regarding pristine or pollution, quoting the NM constitution, 'The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoilment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people.'
I'm not a water rights lawyer. Florida water law is very different from New Mexico. I do not know if the NM legislature has passed laws allowing cities to pass stricter pollution laws.
I would think one of the issues with trying to preserve pristine water in Florida is that they have hurricanes every year which can flood vast areas with polluted water.
The consequences of acts of God are typically held to different standards than that of Man.
That said, if your phosphate mine's tailings pond wasn't built to handle the expected consequences of a hurricane, failure to handle said hurricane is no excuse for negligence.
Well I think a lot of those areas are even flooded with seawater. There’s not much you can do to preserve a fresh water source if it’s close to the ocean and always in the path of hurricanes.
What you describe now has nothing to do with a river and can no longer be called 'pollution'. For one, storm surge flooding has been around long enough that the ecosystem has adapted to the occasional event, making it part of the pristine state.
If they own the water while it is in their property, it means they cease to own it the moment it gets out of the property. Should they be responsible to deliver it to the next owner in the same state they got it?
