In California, a rancher with appropriative water rights began diverting water from a river in 1990. A newer appropriator began diverting from the same river in 2010. During a drought, the river cannot supply both users. Under California's appropriative rights system, who has priority?
Correct Answer
C) The older appropriator (1990) has priority under the 'first in time, first in right' doctrine
Under California's appropriative water rights system, priority is determined by the 'first in time, first in right' (prior appropriation) doctrine. The rancher who began diverting in 1990 has a senior appropriative right over the 2010 appropriator. During shortages, the senior appropriator (1990) is entitled to their full allocation before the junior appropriator (2010) receives any water.
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Related Topics & Key Terms
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Related Concepts
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
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