During a dry summer in the Yellowstone River basin, two neighboring irrigators both hold valid Montana water rights. Irrigator Chen holds a water right with a priority date of 1887, while Irrigator Torres holds a water right with a priority date of 1923. The river flow drops below the level needed to satisfy both rights. Under Montana's prior appropriation doctrine, which outcome is correct?
Correct Answer
C) Irrigator Chen is entitled to receive the full amount of her 1887 appropriation before Irrigator Torres may draw any water
Under Montana's prior appropriation doctrine ('first in time, first in right'), Irrigator Chen's 1887 priority date is senior to Irrigator Torres's 1923 priority date. When water is insufficient to satisfy all rights, senior appropriators are entitled to receive their full appropriation before junior appropriators receive any water. This is the foundational rule of prior appropriation under MCA Title 85, Chapter 2, and is administered by the DNRC.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
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