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Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. The prior appropriation doctrine developed in the Western United States from Spanish (and later Mexican) civil law and differs from the riparian water rights that apply in the rest of the United States.
Colorado, where the prior appropriation doctrine first developed, was generally looked to as the model by other Western states that adopted the prior appropriation doctrine. Water law in the western United States is defined by state constitutions (e.g., Colorado, New Mexico), statutes, and case law. Each state exhibits variations upon the basic ...
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law . Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada , Australia , New Zealand , and states in the eastern United States .
These two systems of water rights were at odds with one another. [2] [3] Appropriative water rights granted the first to claim the water's use complete rights to it. Riparian water rights established that use of the water was an uncontested right that came with the land and did not have to be shared with non-riparian land owners. The case of Lux v.
The other major model is the prior appropriations model, the first party to make use of a water supply has the first rights to it, regardless of whether the property is near the water source. [6] Riparian systems are generally more common in areas where water is plentiful, while appropriations systems are more common in dry climates.
The McCarran Amendment, 43 U.S.C. § 666, was a statute enacted by United States Congress in 1952 [2] allowing the United States to be joined as a defendant in certain suits concerning the adjudication or administration of rights to use of waters. In 1969, the state of Colorado enacted a law to attempt to reorganize the procedure for legal ...
The state’s current approach is both irresponsible and inconsistent with the principles of prior appropriation. A stable water future depends on a better approach.
(a) Joinder of United States as defendant; costs Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by ...