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Each of the states and the Province of Manitoba operate under a different system of water laws. For example, with respect to the use and allocation of water, Minnesota operates mainly under a water law based on the riparian doctrine as is true for much of the eastern United States and Canada. On the other hand, North Dakota, South Dakota and Manitoba operate under laws primarily based on the prior appropriation doctrine, which generally forms the basis of water rights legislation in western North America. Laws governing drainage, flood control, environmental protection and other water-related pursuits also differ between jurisdictions. Local water management entities are also governed by different legislative frameworks in each jurisdiction, giving them differing powers depending on the jurisdiction. At the federal level, the Canadian constitution likely vests more authority in the provinces than the United States constitution gives to the states in land and water management matters.
The Water Law Team has documented the legislation in each of the states and the province. It has also summarized the legislation at the federal level in both the Untied States and Canada, including international agreements and treaties that govern water management across and along the international boundary. The history of the evolution of water law in Manitoba and each of the states and at both federal levels is also documented in the Water Law Team's final report. The final report also includes a section which compares and contrasts the legislation between jurisdictions with a view to providing information to the Red River Basin Board and other interested entities involved in water management in the Red River Basin on the legislative framework under which they must operate.
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