Ground water management under the appropriation doctrine
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Ground water management under the appropriation doctrine

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Published by Idaho Water Resources Research Institute, University of Idaho in Moscow, Idaho .
Written in English



  • West (U.S.)


  • Groundwater -- West (U.S.),
  • Water resources development -- West (U.S.),
  • Water use -- West (U.S.) -- Management.,
  • Water rights -- West (U.S.),
  • Groundwater -- Law and legislation -- West (U.S.),
  • Water resources development -- Law and legislation -- West (U.S.)

Book details:

Edition Notes

Statementby Dale Ralston, Elliot J. Bruhl ; submitted to U.S. Geological Survey, United States Department of the Interior.
SeriesResearch technical completion report
ContributionsBruhl, Elliot., Geological Survey (U.S.), Idaho Water Resources Research Institute.
LC ClassificationsGB1020 .R35 1988
The Physical Object
Paginationx leaves, 174 p. :
Number of Pages174
ID Numbers
Open LibraryOL1814695M
LC Control Number89620910

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applies. Under the riparian doctrine, only landowners with water flowing through their property have claims to the water. By contrast, the prior appropriation doctrine is the basis of water law for most of the states west of the Mississippi. In Oregon, the File Size: 1MB. Prior appropriation water rights is the legal doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose.. Subsequent users can take the remaining water for their own beneficial use if they do not impinge on the rights of previous users. With the exception of the major ground water using states (e.g., Texas, Nebraska, Arizona, and California), western states apply the doctrine of prior appropriation to ground water. This means that the right itself is dependent upon obtaining a state permit rather than simply owning land overlying the ground water supply. @article{osti_, title = {Water conservation and reform of the prior appropriation doctrine in Colorado}, author = {Wescoat, Jr, J L}, abstractNote = {The prior appropriation doctrine has come under criticism for impeding both the efficient allocation of water and the adoption of water conservation improvements. Analysis of water rights statutes and case law revealed the .

The remaining states, ten western and midwestern states, operate under a mix of riparian and prior appropriation water laws. The federal government is involved in water rights as well. Under the reserved rights doctrine, public lands and Indian reservations set aside by the government are understood as having the right to sufficient water. On Water Conservation and Reform of the Prior Appropriation Doctrine in Colorado Article (PDF Available) in Economic Geography 61(1):3 January with 22 Author: James Wescoat. doctrine in favor of considerably more complete, independent, and transferable water rights under the prior appropriation doctrine.3 Under this approach, a water right requires diverting water from the stream and applying it to beneficial use.4 To a large extent, the system worked, leading to 91, irrigation enterprises irrigating. Water obtained under the appropriation doctrine can be used in a manner not consistent with the use existing at the time the right was acquired, so long as it is considered a "beneficial" use. An appropriative right is a usufructuary right, or right to use the water, as .

Surface-water rights evolved earlier than ground water rights. The most arid states in the Southwest adopted the prior appropriation doctrine to surface water either at the end of the 19th century or at the start of 20th century. The adoption of the prior appropriation doctrine to ground water occurred later in the 20th century. For example, New. trine with reference to surface water and ground water is considered separately. Surface Water Rights. The doctrine of prior appropriation, in one form or another, constitutes the basis of the water laws relating to the owner-ship, control and appropriation of surface waters in . Citizen’s Guide to Colorado Water Law. This Citizen’s Guide to Colorado Water Law, Fourth Edition () is part of a series of educational booklets designed to . Ground water use is controlled by the pre common law reasonable use doctrine, but general stream adjudication on the Gila River— which was begun to quantify Indian reserved water rights—may become a vehicle to subject non-AMA ground water to the appropriation doctrine and to integrate ground and surface rights (Leshy and Belanger, ).