Under North Dakota water law, the doctrine that governs the right to divert and use surface water from streams and rivers is best described as which of the following?
Correct Answer
B) Prior appropriation doctrine, which allocates water rights based on priority of beneficial use
North Dakota follows the prior appropriation doctrine for surface water rights. Under this system, water rights are allocated based on the principle of 'first in time, first in right' — the person who first put the water to beneficial use holds the senior water right. The North Dakota State Water Commission administers this system, and appropriation permits are required for most non-exempt water uses. This is a critical state-specific topic because North Dakota's agricultural and energy economy makes water rights a frequent issue in real property transactions.
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Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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