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Topic: Prior appropriation water rights

	Water right - Wikipedia, the free encyclopedia
		Water Right in water law refers to the right of a user to use water from a water source.
		Riparian water rights (derived from English common law) are common in the east and prior appropriation water rights (developed in Colorado) are common in the west.
		The initial focus of human rights law was to address violations of moral values and standards related to violence and loss of freedoms, but in recent decades, the international community has increasingly expanded rights laws and agreements to encompass a broader set of concerns related to human well being.
	en.wikipedia.org /wiki/Water_rights (279 words)

	NPR : The Battle over Water Rights, Water in the West
		The complicated and often emotional legal contests that prior appropriation creates are evident along the Musselshell River, a 500-mile-long stream in eastern Montana that, in a good year, reaches the Missouri River at its confluence.
		Legal experts say water law has evolved somewhat to accommodate needs that were not foreseen when the doctrine of prior appropriation was shaped.
		And that leads to a problem that the prior appropriation doctrine doesn't address: In the rush to claim water rights, there was never a consideration that, one day, there might not be enough to go around.
	www.npr.org /programs/atc/features/2003/aug/water/part3.html (894 words)

	GCM June 1997 - Water rights and water fights (Site not responding. Last check: 2007-10-15)
		Water issues often are also political issues that pit states against states, cities against cities and neighborhoods against neighborhoods.
		Water rights have been completely severed from the ownership of land, and no riparian rights are recognized.
		All water is declared to be public and subject to appropriation on the basis of the "first-in-time, first-in-right" principle.
	www.gcsaa.org /gcm/1997/june97/06side1.html (334 words)

	Surface Water Rights in Texas: How They Work and What to Do When They Don't (Site not responding. Last check: 2007-10-15)
		This surface water is public property; however, the state confers on individuals and organizations the right to pump water from a stream, creek, pond, or lake or to impound water in a lake or pond.
		Water for livestock and household uses is exempted from this requirement, so long as the water is diverted by persons who live adjacent to a stream or river.
		An acre-foot of water is enough to cover one acre of land with one foot of water - a concept useful for dealing with reservoirs that cover acres and are a number of feet deep.
	www.tnrcc.state.tx.us /water/quantity/wateruses/surface.html (2375 words)

	Handbook of Texas Online: WATER LAW
		State water agencies and water users have always had great difficulty in coordinating the diverse Hispanic and English riparian rights and later appropriation rights, all of which were in effect on the same streams.
		Their rights are superior to those of adjacent lower landowners and to holders of rights on streams into which the water might eventually flow.
		In re the Adjudication of the Water Rights of the Upper Guadalupe Segment of the Guadalupe River Basin, 642 S.W. 2d 438 (Tex. 1982).
	www.tsha.utexas.edu /handbook/online/articles/view/WW/gyw1.html (2273 words)

	Water Rights: Division of Water Resources - U.S. Fish and Wildlife Service
		To administer and allocate limited water resources among a large number of potential users, rights to use specified amounts of water at particular times and for described purposes are typically established at the State, district, or river basin level.
		An adjudication is an administrative or judicial determination of all rights to use water in a particular stream system or watershed, to establish the priority, point of diversion, place and nature of use and the quantity of water used among the various claimants.
		Under the Appropriation Doctrine, priority is the concept that the person first using water for a beneficial purpose has a right superior to those commencing their use later.
	www.r6.fws.gov /wtr/water_rights_def.htm (947 words)

	WorldNetDaily: Who owns 'public' land? (Site not responding. Last check: 2007-10-15)
		Since grazing rights flowed from the prior appropriation of water rights, access to water became the basis for establishing the extent of grazing rights.
		Based on established and recorded rights to water, the adjudicators developed a way to measure the forage that would be required to support the cattle that could be supported by the available water.
		Both the right to the water and to the forage, and access (rights of way) to the forage, were already owned by the ranchers.
	www.worldnetdaily.com /news/printer-friendly.asp?ARTICLE_ID=35862 (757 words)

	Water Wars: Water Allocation Law and the Apalachicola-Chattahoochee-Flint River Basin
		The right of an earlier (senior or prior) appropriator is superior to that of a later (junior or subsequent) appropriator.
		Kansas was a riparian rights state which vested property rights in land owners to the flow of the river "as it was accustomed to run" (an application of the "natural flow" theory of riparian water rights).
		Conversely, Colorado law adhered to the doctrine of prior appropriation which allows upstream landowners to "appropriate" the waters of a stream "for the purpose of irrigating its soil." The Court decided to apply "interstate common law" and held that the two states were entitled to an "equitable division of benefits" from the river.
	edis.ifas.ufl.edu /BODY_FE208 (9328 words)

	Nearly 100 years later, Oregon water management needs revisiting
		When a water right was fully developed, it became a private property right under the law.
		At the same time, the Water Resources Department is facing growing workload backlogs that severely limit their ability to respond to and facilitate new water management concepts.
		Water users should have maximum flexibility to implement changes in water use that will promote stream flow restoration while continuing to meet economic needs.
	www.schwabe.com /showarticles.asp?Show=26 (583 words)

	Irrigation Journal - May/Jun 2001 - American West (Site not responding. Last check: 2007-10-15)
		During the mid-1900s, it was still considered illegal to transfer water rights from one use to another in many western states.
		In 1854, the California Legislature enacted a law allowing residents of specified agricultural counties to elect three water commissioners to plan an irrigation system and supervise construction using citizen labor; this and another bill were defective in that the district would be an appendage to county government.
		Prior to his election in November 1886, Wright had stated about his plan, "the farmers themselves [must] own the water and thus be masters of the situation." A district could use the power of condemnation to acquire needed property or water rights.
	www.greenmediaonline.com /ij/2001/0501/0501wst.asp (1260 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		Water absorbed and stored in the soil cover of the bed and banks of a watercourse which is returned to the watercourse in whole or in part as the water level falls
		Water is often diverted from the river at the dam, transported through channels or penstocks downstream, and released back in the river at the powerhouse.
		Water within the earth that supplies wells and springs; water in the zone of saturation where all openings in rocks and soil are filled, the upper surface of which forms the water table
	www.pakhydro.com /glossary.asp (4714 words)

	Nat' Academies Press, Water Transfers in the West: Efficiency, Equity, and the Environment (1992)
		Once water is appropriated and a right established, that right generally may be used in other places, it may be used for other than its original purpose, and it may be conveyed to others.
		Water rights are property rights and they include the right to make changes.
		Changes in the way water is used, place of use, point of diversion, purpose, or time of use are permitted subject to the condition that the change must not impair uses by other water rights holders.
	www.nap.edu /books/0309045282/html/73.html (844 words)

	Policy History (Site not responding. Last check: 2007-10-15)
		Under prior appropriation, senior rights holders are entitled to the full amount of water legally theirs before junior rights holders receive even a portion of their allotment.
		The shortcomings of prior appropriation are evident on a regional scale in the rules governing the use of Colorado River water.
		California is able to habitually exceed its right to Colorado River water because the Upper Basin states do not have populations large enough to require the diversion of their entire apportionment, and therefore the water remains in the river, available for California’s use.
	www.ispe.arizona.edu /pubs/cap/policy_history.htm (4338 words)

	Federal and Tribal Reserved Water Rights - Winters v. United States - Chehalis River Council
		The doctrine of reserved water rights evolved to ensure that Indian reservations and public lands set aside by the federal government would have sufficient water to fulfill the purposes for which they were established.
		Whereas most western water rights (so-called state-based appropriative rights) have a priority date based on when water was first put to beneficial use, federal reserved water rights have a priority date that goes back at least as far as the date on which the lands were set aside.
		Federal reserved rights are limited to the purposes of the reservation of land and to quantities sufficient to fulfill these purposes.
	www.crcwater.org /issues6/19981129waterrights.html (701 words)

	Water Appropriation Program: Voluntary Dismissals of Water Rights (Site not responding. Last check: 2007-10-15)
		If your water right is no longer an active project and you choose to dismiss a water right you are giving up your right to put water to beneficial use.
		However, if you have not used a water right for more than 5 consecutive years and do not anticipate using it in the future it may be in your best interest to close out the water right.
		When approvals are issued by the Chief Engineer to change the authorized point of diversion, place of use or use made of water, the water right owners must comply with the terms and conditions of the approval.
	www.ksda.gov /Default.aspx?tabid=304 (429 words)

	Linda Gass: Water Rights (Site not responding. Last check: 2007-10-15)
		They are based on the doctrine of prior appropriation; water rights are acquired when a person first uses water for a socially recognized purpose and the rights are for a specified amount of water rather than a percentage of available water.
		During times of drought, the person with the earliest appropriation date uses their full amount, then the next oldest claim is satisfied and so on until the water source is dried up.
		It depicts the watershed for the river - the free water - and the human interventions to divert the water to cities - the captive water.
	www.lindagass.com /WaterRights.html (214 words)

	CHAPTER 1
		Littoral rights are those rights afforded to the use of water to owners of land adjacent to navigable bodies of water.
		Riparian rights are those afforded to the owners of land adjacent to or containing non-navigable bodies of water.
		Prior appropriation means the person with earliest date of use of a body of water for some beneficial economic purpose has a right to use all the water needed, regardless of other land owners.
	www.ndsu.nodak.edu /instruct/swandal/AGEC347s/exams/quiz2a.htm (870 words)

	Questions about Water Rights (Site not responding. Last check: 2007-10-15)
		The purpose of these rights is to protect the natural environment to a reasonable degree.
		In other words, the first one to use water from a stream or lake has a senior right to that water.
		During periods of drought, the junior water rights are curtailed until more senior rights are satisfied.
	cwcb.state.co.us /isf/V1IS1_FAQ.htm (716 words)

	Water Law : Instruction : IU Law (Site not responding. Last check: 2007-10-15)
		Whiskey is for drinkin', water is for fightin'.
		Topics will include riparian water rights (eastern U.S. water law), prior appropriation water rights (western U.S. water law), the historical evolution of water rights, federal water rights, public rights, groundwater use, and interstate conflicts over the control of water.
		With the exception of riparianism, most of the water law issues arise from disputes in the western United States; however, water scarcity is increasingly an issue in the east.
	www.law.indiana.edu /instruction/rfischma/3383/syllabus.shtml (1782 words)

	FindLaw Professionals: Water Rights Law -- Prior Appropriation
		The scarcity of water in the Rocky Mountain and southwestern states has led to the development of a system of water allocation very different from that which exists in regions graced with more abundant rainfall.
		Rights to water are established by actual use of the water, and maintained by continued use and need.
		Water rights are treated similarly to rights to real property, can be conveyed, mortgaged, and encumbered in the same manner, all independently of the land on which the water originates, or on which it is used.
	profs.lp.findlaw.com /water (344 words)

	Inroads on Western Prior Appropriation Water Law: New Mexico Eliminates Pueblo Water Rights Doctrine
		Faced with the water rights claims of a growing town that derived from the Mexican pueblo of Nuestra Senora de Las Dolores de Las Vegas, a divided New Mexico Supreme Court looked to California case law when it adopted the Pueblo Water Rights Doctrine in 1958.
		In overruling its past precedent adopting the Pueblo Water Rights Doctrine, the New Mexico Supreme Court focused its analysis on the doctrineand#8217;s inconsistency with New Mexico law, specifically the constitutional directive of beneficial use and the doctrine of prior appropriation.
		California, the only other Western state in which the Pueblo Water Rights Doctrine is recognized, has water allocation laws that combine the riparian doctrine, prior appropriation doctrine and public trust doctrine.
	www.argentco.com /htm/f20040501.347064.htm (377 words)

	Henry Lamb -- Who Owns "Public" Land? (Site not responding. Last check: 2007-10-15)
		The Hage case may pull the rug, floor, and foundation from the government's efforts to exercise control of land that it may not own, after all.
		For eight years, he was CEO of a national trade association for contractors, headquartered in Chicago, coming to that position from CEO of a private construction company specializing in erosion control and water management structures.
		His background includes teaching at the secondary school level, and serving four years as a legislative analyst for a county government in Florida.
	www.newswithviews.com /Lamb/henry10.htm (934 words)

	Ocean and Coastal Law Memo, issue 45
		In contrast, the prior appropriation water rights framework predominates in the western
		appropriation water rights and the Act was passed to assuage their anxieties.
		water rights attached to these "reserved lands" from the time the land is reserved onward.
	oceanlaw.uoregon.edu /memos/issue45.html (10109 words)

	Rivers: Water Rights for Wetlands Protection (Site not responding. Last check: 2007-10-15)
		In the western states, protection of the water necessary to maintain wetlands can best be assured by establishing a water right for this purpose.
		An analysis of these options indicates that appropriative water rights are usable for claiming wetlands water under some circumstances, although existing state instream flow programs generally have not been applied to wetlands.
		Changes in state law to facilitate the protection of water for wetlands are recommended.
	users.frii.com /~sel/abstracts/2-4-64.html (109 words)

	Electric Nevada
		Houtz must have sent a wave of panic through the anti-western-growth movement." He adds that, following the federal water law of 1866, which had endorsed the West's prior appropriation water rights doctrine, this new high court action suggested the ranchers' full title in the range was only a couple of steps away.
		Now the Northeast began a vociferous attack -- expressed in legislative, litigative, and public relations efforts -- against preemptive range rights and prior appropriation water rights -- the 'first in time, first in right' principle that had settled all the new states after the original thirteen.
		By just five years later, Harrison and the next president, Grover Cleveland, had used the provision to create reserves covering some 20 millions of acres- much of it valuable grazing land upon which ranchers had already established prior rights.
	www.electricnevada.com /pages96/rebel3.htm (1881 words)

	[No title]
		o Air Space o Surface 1) Riparian rights (common law by state) 2) Navigable waters 3) Prior appropriation - state owns 4) Littoral rights - man-made lakes and coast 5) Territorial waters (sovereign country); 3 miles, 12 miles, 100 miles (fishing) o Subsurface 1) Prior appropriation - water rights 2.
		o Possession (and exclusion) o Right of Control (limited by deed restrictions and zoning) o Right of Enjoyment (title insurance, abstract, warranty) o Disposition (convey part or all of bundle) 3.
		This foundation leads to TRANSFER of interests (rights).
	www.eiu.edu /~bornspot/fin3740/presentations/Pres_Word_Files/3740CH04-1.doc (124 words)

	Wyoming Water Rights Consulting, Inc. Links (Site not responding. Last check: 2007-10-15)
		CLE International - 2004 Wyoming Water Law Seminar
		~ Laws governing use of water in Wyoming.
		Prior Appropriation Doctrine, water rights application/petition procedures, adjudication of water rights, State Engineer's Office and State Board of Control Regulations and Instructions.
	www.wyoagcenter.com /wywater/links.htm (74 words)

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