What type of water rights includes rights to underground streams and water flow?

The correct choice is associated with percolating water rights, which specifically pertain to the rights to access and utilize underground water sources, such as streams or aquifers. This type of water right acknowledges that landowners have the right to use water that naturally seeps through their property, as long as they do so in a reasonable manner and do not adversely affect neighboring landowners’ rights.

Understanding percolating water rights is critical because they differ from other water rights that relate to surface water. For example, riparian rights are concerned with water bodies that flow through or are adjacent to a property, while littoral rights pertain to property bordering large bodies of water like lakes and oceans. Subsurface rights generally refer to rights concerning minerals or resources located beneath the soil, rather than water specifically.

Thus, the concept of percolating water rights is essential for recognizing how landowners may interact with groundwater resources and the legal implications of such interactions within property law.