Two neighboring ranchers in Cassia County, Idaho, both hold water rights to divert water from the same tributary. Rancher Alvarez received his water right in 1952, and Rancher Benton received his water right in 1978. During a drought year, there is only enough water in the tributary to satisfy one of the two rights. Under Idaho's prior appropriation doctrine, which of the following correctly describes the outcome?
Correct Answer
B) Rancher Alvarez may use his full allocation first because his 1952 right is senior to Benton's 1978 right.
Under the prior appropriation doctrine ('first in time, first in right'), codified in Idaho Code Title 42, water rights are prioritized strictly by the date of appropriation. Rancher Alvarez's 1952 right is senior to Rancher Benton's 1978 right. During a shortage, the senior appropriator (Alvarez) is entitled to receive his full allocation before the junior appropriator (Benton) receives any water. Benton's junior right may be completely curtailed during drought conditions.
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Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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