LC-057 / Environment / Public ledger

Prior appropriation of water.

An older water claim may outrank a newer claimant even when a river is under severe strain.

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In ordinary words.

An older water claim may outrank a newer claimant even when a river is under severe strain.

In legal terms.

Western water law in many states follows prior appropriation: first in time, first in right, subject to beneficial-use and public-interest constraints.

Where it stops being legal.

State priority administration, federal rights, environmental requirements and abandonment rules can alter use.

Legal authority / Start reading

State water codes; prior appropriation doctrine

Open cited reference ↗

General U.S.-focused information. Cases and statutes may have jurisdiction-specific exceptions. This citation may be a general primer; verify the governing primary authority. Not legal advice.

Related case files.