A Colorado water court adjudicates a dispute between two farmers over irrigation rights from the same ditch. Farmer Green holds a water right with a priority date of 1887, and Farmer Brown holds a water right with a priority date of 1923. During a drought year, the ditch cannot supply both farmers. Under Colorado's prior appropriation doctrine, how will the available water be allocated?
Correct Answer
A) Farmer Green receives full delivery of his decreed water amount before Farmer Brown receives any water
Colorado's prior appropriation doctrine operates on the principle of 'first in time, first in right' (C.R.S. § 37-92-101 et seq.). Farmer Green's 1887 priority date is senior to Farmer Brown's 1923 priority date. In times of shortage, senior water rights holders receive their full decreed amount before junior rights holders receive anything. Farmer Brown, as the junior appropriator, may receive nothing during a drought year until Farmer Green's senior right is fully satisfied. This is the fundamental operating principle of Colorado water law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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