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A senior water user could, for example, only have been using the water during a particular season. Then the purchaser of the water right could only use the water in the same season as when the right was established. In addition, the state may put additional conditions on the use of the water right to prevent polluting or inefficient uses of ...
Water right in water law is the right of a user to use water from a water source, e.g., a [1] ... the rule of priority is 'first in time, first in right. ' " [6] ...
The result was the emergence of the riparian water right, derived from English common law, and the right of first appropriation, derived from the frontier ethic of "first in time, first in right." Both doctrines were upheld at various times by the state legislature and court, creating a situation in which competing water claims could only ...
The United States inherited the British common law system which develops legal principles through judicial decisions made in the context of disputes between parties. . Statutory and constitutional law forms the framework within which these disputes are resolved, to some extent, but decisional law developed through the resolution of specific disputes is the great engine of w
While the comparative lack of water was a central factor, since the 1980s academics have begun to highlight economic, social, and cultural forces that shaped Californian water law in the 1850s as well. [1] Water law's concept of prior appropriation was developed and refined over the course of the 15 year Gold Rush due to these factors. [1]
The first is riparian rights, where the owner of the adjacent land has the right to the water in the body next to it. The other major model is the prior appropriations model, the first party to make use of a water supply has the first rights to it, regardless of whether the property is near the water source. [6]
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Economic theory suggests that trade in water rights is a way to reallocate water from less to more economically productive activities. [15] Water rights based on prior appropriation – first in time, first in right – led to inefficient water allocation and other inefficiencies, like overuse of land and less adoption of water conservation technologies. [16]