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Two neighboring ranchers in Carbon County, Wyoming both hold water rights on the same irrigation ditch. Rancher Alvarez holds a water right with a priority date of 1887, and Rancher Benson holds a water right with a priority date of 1923. During a severe drought, the ditch does not carry enough water to satisfy both rights. Under Wyoming's prior appropriation doctrine, which of the following correctly describes the outcome?

Correct Answer

B) Rancher Alvarez's 1887 right is satisfied first and in full before Rancher Benson receives any water, because the senior right has priority

Under Wyoming's prior appropriation doctrine ('first in time, first in right'), Rancher Alvarez holds the senior water right with the 1887 priority date. During a shortage, senior rights are satisfied completely before junior rights receive any water. Rancher Benson, holding the 1923 junior right, may receive no water at all until Alvarez's right is fully satisfied. This is the core operating principle of prior appropriation and is administered by the Wyoming State Engineer's Office under W.S. 41-3-101 et seq.

Answer Options
A
Both ranchers share the available water equally, regardless of their priority dates, because Wyoming law requires equitable distribution during drought
B
Rancher Alvarez's 1887 right is satisfied first and in full before Rancher Benson receives any water, because the senior right has priority
C
Rancher Benson's 1923 right is satisfied first because more recent appropriations reflect current beneficial use needs
D
The Wyoming State Engineer divides available water equally between all users and issues temporary drought permits to cover the shortage

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Related Topics & Key Terms

Key Terms:

prior_appropriationwater_rightspriority_datesenior_junior_rightsdrought_shortage

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