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Article: Prior Appropriation
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- Water:Science and Issues
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CopyrightCOPYRIGHT 2003 The Gale Group Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Prior Appropriation
The prior appropriation doctrine is a legal concept that evolved in the American West as a means of establishing the right to use scarce water from rivers and streams. This doctrine can be summed up as "first in time is first in line." The prior appropriation doctrine is distinguished from the riparian doctrine, under which those who own land next to water have rights to use the water.
The historic requirements for a valid water right under the prior appropriation doctrine are the intent to divert water, the actual diversion of water, and the application of that water to
beneficial use
. As the West has evolved from an economy built on mining and agriculture, the ...