Two neighboring farms in Douglas County, Washington, both draw irrigation water from the same tributary of the Wenatchee River. Farm A holds a water right with a priority date of 1935 and is permitted for 200 acre-feet per year. Farm B holds a water right with a priority date of 1962 and is permitted for 150 acre-feet per year. During an unusually dry summer, the tributary can only supply 200 acre-feet total. The Washington Department of Ecology issues a curtailment order. Which of the following outcomes correctly describes what happens under the prior appropriation doctrine?
Correct Answer
B) Farm A receives its full 200 acre-feet allocation, and Farm B receives nothing, because Farm A's 1935 senior right must be fully satisfied before Farm B's junior right receives any water.
Under Washington's prior appropriation doctrine ('first in time, first in right'), Farm A's 1935 senior water right must be fully satisfied before Farm B's 1962 junior right receives any allocation. When only 200 acre-feet are available and Farm A is permitted for 200 acre-feet, Farm A receives its full permitted amount and Farm B receives nothing. The Department of Ecology's curtailment order enforces this priority hierarchy — junior rights are curtailed first, and senior rights are satisfied in full before any water flows to junior appropriators. This is the core mechanism of the prior appropriation system during shortage conditions.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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