Water Rights

Question 1

Riparian: (east) reasonable use

Answer 1

• Can use water on property reasonably as long as you are not infringing on others rights.

Question 2

Prior appropriation

Answer 2

first in time, first in right.
• The older the right=the more senior. Senior gets precedence in times of shortages.
• To acquire a water right
o You must divert water
o Put that water to continuous beneficial (amt) use
• Use or lose it forfeiture rule
• Priority date: day it was put to use. Determines seniority.

Question 3

Rule:

Answer 3

Tribes reserved water rights through implication

2. Tribes have seniority if Rez was created prior.
3. Indian Tribe is entitled to a water right if the water is necessary to fulfill the very purposes for which a federal reservation was created. (treaty and circumstances= purpose)

Question 4

Priority date

Answer 4

Non-traditional use: creation of rez

Traditional: time immemorial

Question 5

Purposes:

Answer 5

Can have more than one but priority dates are separate for each.