A farmer in western Kansas holds a valid water appropriation right with a priority date of 1952 for irrigation of his 160-acre homestead. A neighboring farm acquired a water appropriation right with a priority date of 1978. During a severe drought, the Kansas Department of Agriculture restricts water use. Under the Kansas Water Appropriation Act, which outcome correctly reflects the prior appropriation doctrine?
Correct Answer
A) The 1978 appropriation right holder must cease or reduce water use before the 1952 right holder is affected.
Under the Kansas Water Appropriation Act (K.S.A. 82a-701 et seq.), Kansas follows the prior appropriation doctrine: 'first in time, first in right.' Water rights are ranked by their priority date. During water shortages, junior (later) appropriation rights are curtailed before senior (earlier) rights. The 1978 appropriation right is junior to the 1952 right, so the 1978 holder must reduce or cease water use before any restriction is placed on the 1952 holder. This is the foundational principle of Kansas water law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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