What is the doctrine of prior appropriation?

The doctrine of prior appropriation is a legal principle governing water rights, based on the idea that the first person to beneficially use water from a water source holds the right to continue using that water. This doctrine is primarily used in western U.S. states that face water scarcity issues.

Origins of Prior Appropriation

The doctrine of prior appropriation originated during the 19th-century gold rush era when miners needed water for mining activities. The principle of "first in time, first in right" was adopted to allocate water rights in a fair and orderly manner.

Implications of Prior Appropriation

Under the doctrine of prior appropriation, individuals or entities must apply for and obtain a permit to use water from a water source. The rights to use water are based on seniority, meaning that those who have historically used the water have priority over newer users. This system promotes efficient water use and prevents waste.

In times of drought or water scarcity, those with older water rights (senior rights) are prioritized over those with newer rights (junior rights). This can lead to conflicts between water users, especially during periods of water shortage.