Two neighboring ranchers in Utah both hold water rights from the same stream. Rancher Adams obtained his water right in 1952, and Rancher Bell obtained hers in 1978. During a severe drought, the stream cannot supply water to both ranchers. Under Utah's prior appropriation doctrine, what is the correct outcome?
Correct Answer
A) Rancher Adams receives his full water allocation before Rancher Bell receives any water
Utah's prior appropriation doctrine operates on the principle of 'first in time, first in right,' codified in Utah Code Ann. § 73-1-1 et seq. Rancher Adams's 1952 water right is senior to Rancher Bell's 1978 right. During a shortage, senior appropriators receive their full decreed amount before junior appropriators receive anything. Rancher Bell, as the junior appropriator, may receive no water at all if the stream cannot satisfy both rights.
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License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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