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What is the Rule of Capture and what type of water does it cover?

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Final answer:

The Rule of Capture is a legal doctrine that grants individuals the right to extract natural resources, including groundwater, found beneath their property. It allows for indiscriminate use of these resources, which in the case of water, can lead to unregulated use and potential depletion of water sources, especially in regions with scarce water availability.

Step-by-step explanation:

The Rule of Capture is a legal principle that gives a landowner the right to capture natural resources, including water, oil, gas, and wildlife, located on or beneath their property. For water, it particularly pertains to groundwater, allowing landowners to pump and use the groundwater that lies under their land without limitation. However, despite the potential for economic benefits from resources such as wildlife, often in tropical countries these resources can be considered 'invisible commodities', and local offtakes can proceed unrestrained, potentially leading to depletion.

With regard to water resources, the Rule of Capture means that those who have access to sources such as underground aquifers are at liberty to extract as much water as they see fit, even if the water crosses property boundaries underground. In some regions, such as deserts or mountain valleys, the scarcity of water necessitates different methods for obtaining freshwater, such as through oases, springs, or notably shallow wells. These methods are essential in areas without accessible mountain-produced water sources.

It is important to note that the Rule of Capture may be modified with state-regulated doctrines to ensure sustainability and fairness among water users, recognizing the inherent uncertainties and potential for over-exploitation as outlined in ecological research.

User Stephane Rouberol
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