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Two ranchers, Carson and Drummond, both hold water rights on the same Nevada river. During a severe drought, there is not enough water to satisfy both rights. Carson's water right was established in 1952, and Drummond's was established in 1978. Under Nevada's prior appropriation doctrine, how will the available water be allocated?

Correct Answer

C) Carson will receive his full water allocation first because his earlier 1952 right has priority over Drummond's 1978 right

Under Nevada's prior appropriation doctrine, the fundamental rule is 'first in time, first in right.' Carson's water right, established in 1952, has a senior priority date compared to Drummond's 1978 right. In times of shortage, senior rights must be fully satisfied before junior rights receive any water. Carson is entitled to his full allocation first; Drummond, as the junior appropriator, may receive nothing if the supply is insufficient to cover both rights.

Answer Options
A
The available water will be divided equally between Carson and Drummond regardless of when their rights were established
B
Drummond will receive water first because his ranch is located closer to the headwaters of the river
C
Carson will receive his full water allocation first because his earlier 1952 right has priority over Drummond's 1978 right
D
The Nevada Division of Water Resources will reduce both rights proportionally until the drought ends

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Related Topics & Key Terms

Key Terms:

prior_appropriationsenior_rightsjunior_rightswater_shortagepriority_date

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