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Under New Mexico water law, the doctrine of prior appropriation is best described as which of the following principles?

Correct Answer

A) The first person to put water to beneficial use has a superior right over later users, summarized as 'first in time, first in right'

New Mexico follows the prior appropriation doctrine under NMSA 1978, Chapter 72. This doctrine establishes that water rights are allocated based on the chronological order of beneficial use — the earliest appropriator has the highest priority right. The phrase 'first in time, first in right' is the defining principle, meaning senior water rights holders can satisfy their full allocation before junior holders receive any water during shortages.

Answer Options
A
The first person to put water to beneficial use has a superior right over later users, summarized as 'first in time, first in right'
B
The state government owns all water and may grant temporary permits that expire after five years
C
Water rights are automatically conveyed to a buyer whenever real property adjacent to a water source is sold
D
Landowners adjacent to a water source share equal rights to use that water regardless of when they began using it

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Related Topics & Key Terms

Key Terms:

prior_appropriationwater_rightsbeneficial_usenew_mexico_water_law

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