DOCTRINE OF PRIOR APPROPRIATION

How do prior appropriation rights differ from littoral and riparian rights?

- littoral and riparian rights are based on a given property's adjacency to a body of water - prior appropriation is granted by the state based on need and use rather than adjacency

What must one establish in order to get water rights in Prior Appropriation states?

Beneficial Use - To secure water rights in prior appropriation states, the requested use must be considered beneficial to some household, agricultural, or household operation.

Which states currently agree with the doctrine of prior appropriation ?

Current states that subscribe to the doctrine include, but aren't limited to, Alaska, Arizona, California, Colorado, Hawaii, Idaho, New Mexico, Oregon, Utah, and Washington. Details differ between states

true or false: Based of Prior Appropriation Rights, water rights are connected to the ownership of the land.

False - Water rights are unconnected to property ownership

True or False: Hydroelectric power would not qualify as beneficial use in order to obtain water rights in Prior Appropriation states?

False: Hydroelectric power is a beneficial residential, commercial, and industrial use.

How are water rights to multiple users affected during a drought?

In times of shortage or drought, the permit holders may be required to reduce their usage, with the first permit holder ensured of access to at least some water.

Where in the US were prior appropriation rights first developed?

Prior Appropriation States The doctrine was developed historically in western states, where water was more likely to be a scarce commodity. Current states that subscribe to the doctrine include, but aren't limited to, Alaska, Arizona, California, Colorado, Hawaii, Idaho, New Mexico, Oregon, Utah, and Washington. Details differ between states, but essentially water rights are unconnected to property ownership, and can be sold. In some states, once water rights are granted they are attached to the land of the permit holder.

What is the doctrine of prior appropriation rights based on?

Prior appropriation is granted by the state based on need and use rather than adjacency.

Percolatnig Right

Rights of the owners to draw water from underground wells for the landowner's use.

Doctrine of Prior Appropriation

The doctrine of prior appropriation is a legal doctrine that grants water rights to the first individual or entity to take water from a source for beneficial use.

Prior Appropriation

The doctrine that grants water rights based on which entity or individual was the first to put water from a given source to beneficial use, rather than based on the adjacency of the water to a specific property.

Under what provisions can water rights be granted to more than one user?

The rights to a water source are sometimes granted to more than one user. If the first permit holder doesn't need all of the water for its declared use, additional permits may be granted.

True or False: Irrigation qualifies as beneficial use in order to obtain water rights in Prior Appropriation states?

True - Irrigation is a beneficial agricultural use.

What are littoral and riparian rights based on?

littoral and riparian rights are based on a given property's adjacency to a body of water

Rights of the owners of a bordering property to the use of a stationary body of water, such as a lake or sea.

littoral right

Who owns the water rights under the Prior Appropriation Doctrine?

once water rights are granted they are attached to the land of the permit holder.

Rights of the owners of a bordering property to the use of a flowing body of water, such as a river or creek.

riparian right