Prior-appropriation water rights

In the American legal system, prior appropriation water rights is the doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose.[1][2] Subsequent users can take the remaining water for their own use if they do not impinge on the rights of previous users. The doctrine is sometimes summarized, "first in time, first in right".

Prior appropriation rights do not constitute a full ownership right in the water, merely the right to withdraw it, and can be abrogated if not used for an extended period of time.

  1. ^ 78 Am. Jur. 2d Waters § 355 (2021).
  2. ^ "Prior appropriation doctrine". Wex. Cornell Legal Information Institute. Retrieved 2021-10-14.

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