PRIOR APPROPRIATION DOCTRINE

The system for allocating water to private individuals used in most Western states. The doctrine of Prior Appropriation was in common use throughout the arid west as early settlers and miners began to develop the land. The prior appropriation doctrine is based on the concept of "First in Time, First in Right". The first person to take a quantity of water and put it to Beneficial Use has a higher priority of right than a subsequent user. Under drought conditions, higher priority users are satisfied before junior users receive water. Appropriative rights can be lost through nonuse; they can also be sold or transferred apart from the land. Contrasts with Riparian Doctrine and Riparian Water Rights. Also see Littoral Water Rights and Prescribed Water Rights.