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What is Prior Appropriation Doctrine

Chapter 2
Leadership Approaches to the Science of Water and Sustainability
A method of allocating water rights whereby the first person to appropriate a quantity of water from a water source for a beneficial use has the right to continue to use the appropriate quantity of water for that beneficial use. Subsequent persons can appropriate the remaining water for their own beneficial purposes, provided they do not interfere with the rights of prior appropriators. Mostly applied in drier areas. Water flowing through a property in not owned as part of property ownership. This allows water to be moved to where it is needed most, and establishes a process to allocate water where there is not enough for all landowners. The water right then becomes appurtenant to the land on which the water is used.
Published in Chapter:
Water Right Law
Copyright: © 2022 |Pages: 19
DOI: 10.4018/978-1-7998-9691-3.ch002
Abstract
Water is the most important resource on our planet. We are considered the blue planet. Only three percent of our water is freshwater. Of the three percent, only one percent is accessible for human use. Water makes up 45-75% of our body. Seventy percent of our brains are water, with 80-95% of our blood being water. Clean pure water is important to our overall health and quality of life. Water is the heart of agriculture. The availability of freshwater makes it possible to grow crops and raise livestock. Water use, in turn, is at the heart of heated discussions involving water law and policy. Water is for all users, and even though is it plentiful, there is often not the right quantity or quality in the right place at the right time to meet demand. Moreover, competition among water users, including agriculture, municipalities, industry, recreational users, and conservationists can become volatile. Through autoethnography, this chapter explores water rights laws.
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