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Guide 2023 05 30T103253 080

? To better understand ? ? Recite the GR ? Stated di ?erently ? By way of exception ? Recite the exceptions ? Having the GR and its EXPNs we would see ? Indeed ? Corollary to the ? the keywords here are ? Later we will learn more about ? but for the purpose of ? An easement or servitude is a real right constituted on another ? s property corporeal and immovable by virtue of which the owner of the same has to abstain from doing or to allow somebody else to do something on his property for the bene ?t of another thing or person ? With this in mind this right must be taken in connection with the third keyword in that this rights shall be exercised only to the extent that the bene ?cial use of water to be appropriated may be achieved ? In addition to this this right is subject to other conditions ? recite ? The holder exercising the said right ? ? What do you understand by servient estate If ? then what do you call The immovable in favor of which the easement is established is called the dominant estate that which is subject thereto the servient estate ? At this point it is useful to know that there are two kinds of easements according to source as stated in in art of the CC ?? by law or by the will of the owners ? Hence notwithstanding the aforesaid rules ? easements may be left to the agreement of the parties ? provided they do not contravene ? and prejudice ? ? In revoking water permits two requisites must concur for such revocation to be valid ? the presence of due notice and hearing and the presence of any of the grounds enumerated under article of the water code NGUWADIS ? Order of preference PRIOR APPROPRIATION The prior appropriation doctrine or ?rst in time - ?rst in right developed in the western United States in response to the scarcity of water in the region The doctrine evolved during the California gold rush when miners in California needed to divert water from the stream to Clocations where it was needed to process ore Customs and principles relating to water diversion developed in the mining camps and disputes were resolved by simple priority rule According to the rules of prior appropriation the right to the full volume of water related back or had the priority date as of the time of ?rst diverting the water and putting it to bene ?cial use In other words those with earliest priority dates have the right to the use of that amount of water over others with later priority dates Unlike a riparian right an appropriative right exists without regard to the relationship between the land and water An appropriative right is generally based upon physical control and bene ?cial use of the water These rights are entitlements to a speci ?c amount of