Maria is purchasing a rural farm in Eastern Washington that has historically used water from a nearby river to irrigate crops. Her broker tells her that the farm holds a 1952 water right permit. A neighboring farm holds a water right permit dated 1978. During a drought year when the river flow is insufficient for all users, which farm has the superior right to draw water?
Correct Answer
D) Maria's farm, because the 1952 permit was established first under the prior appropriation doctrine.
Under Washington's prior appropriation doctrine ('first in time, first in right'), Maria's farm holds a senior water right because its permit was established in 1952, predating the neighboring farm's 1978 permit. During a drought when supply is insufficient, senior rights holders are entitled to their full allocation before junior rights holders receive any water. The neighboring farm, as a junior appropriator, may be required to cease diversion entirely until Maria's senior right is fully satisfied.
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