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Encyclopedia > Prior appropriation water rights

Prior appropriation water rights, sometimes known as the "Colorado Doctrine", is a system of allocating water from a water source that is markedly different from Riparian water rights. It is commonly used in the western United States, and was developed due to the scarcity of water in that area.


The legal details vary from state to state, however the general principal is that water rights are unconnected to land ownership, and these rights can be sold or mortgaged like other property. The first person to use a quantity of water from a water source for a beneficial purpose has the right to continue to use that quantity of water for that purpose. Subsequent users can use the remaining water for their own beneficial purposes provided that they do not impinge on the rights of previous users.


Beneficial purposes are commonly defined as agricultural, industrial or household use. Ecological purposes, such as maintaining a natural body of water and the wildlife that depends on it are not generally held to be beneficial uses.


Each water right has a yearly quantity and an appropriation date. Each year, the user with the earliest appropriation date (known as the "senior appropriator") may use up to their full allocation (provided the water source can supply it). Then the user with the next earliest appropriation date may use their full allocation and so on. In times of drought, users with junior appropriation dates might not receive their full allocation or even any water at all.


When a water right is sold, it maintains its original appropriation date. If a water right is not used for a beneficial purpose for a certain period of time it expires.


For water sources with many users, a government or quasi-government agency is usually charged with overseeing allocations. Allocations involving water sources that cross state borders or international borders can be quite contentious, and are generally governed by federal court rulings, interstate agreements and international treaties.


  Results from FactBites:
 
Water right - Wikipedia, the free encyclopedia (279 words)
Water Right in water law refers to the right of a user to use water from a water source.
Riparian water rights (derived from English common law) are common in the east and prior appropriation water rights (developed in Colorado) are common in the west.
The initial focus of human rights law was to address violations of moral values and standards related to violence and loss of freedoms, but in recent decades, the international community has increasingly expanded rights laws and agreements to encompass a broader set of concerns related to human well being.
NPR : The Battle over Water Rights, Water in the West (894 words)
The complicated and often emotional legal contests that prior appropriation creates are evident along the Musselshell River, a 500-mile-long stream in eastern Montana that, in a good year, reaches the Missouri River at its confluence.
Legal experts say water law has evolved somewhat to accommodate needs that were not foreseen when the doctrine of prior appropriation was shaped.
And that leads to a problem that the prior appropriation doctrine doesn't address: In the rush to claim water rights, there was never a consideration that, one day, there might not be enough to go around.
  More results at FactBites »


 

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