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. 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. Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. The prior appropriation doctrine developed in the Western United States from Spanish (and later Mexican) civil law and differs from the riparian water rights that apply in the rest of the United States. The appropriation doctrine originated in Gold-Rush–era California, when miners sought to acquire water for mining operations. In the 1855 case of Irwin v. Phillips, Matthew Irwin diverted a stream for his mining operation. Shortly afterward, Robert Phillips started a mining operation downstream and eventually tried to divert the water back to its original streambed. The case was taken to the California Supreme Court, which ruled for Irwin. The legal details of prior appropriation vary from state to state. Under the prior appropriation system, the right is initially allotted to those who are "first in time of use"; these rights of withdrawal can then trade on the open market, like other property. 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.

About this result

This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.

Related publications (1)

Related concepts (6)

Prior-appropriation water rights

Water right

Water right in water law is the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each.

Easement

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.

Entre deux jardins. Une institution lémanique à Ouchy (Lausanne, VD)

Annick Lavenex

«Lausanne, ce sont trois plans: un plan vert, un plan bleu, et la façon dont on passe du vert au bleu en donnant naissance au gris.» [GODARD, J.-L.] L'enjeu du projet se situe dans cette transition en

2012