Are there any exceptions to the “first-in-time, first-in-right” rule?

Yes, there are exceptions to the “first-in-time, first-in-right” rule in California water law. The rule is based on the doctrine of prior appropriation and states that those who are first to withdraw and use water from a water source are entitled to the right to use it first before anyone else. One exception is the doctrine of reasonable use, which holds that one cannot use an unreasonable amount of water with the intent of depriving others of the right to use that water. This doctrine has also been used to protect the environment from excessive water use. Another exception is the doctrine of “sovereign rights” which states that the state of California has the right to regulate water use whenever it is necessary to do so. This doctrine has been used by the state to ensure that water resources are managed responsibly and equitably, and that no one has the right to take water from another. The “use it or lose it” doctrine is also an exception to the “first-in-time, first-in-right” rule. Under this doctrine, if a water right is not used for a certain period of time, then the right to the water may be forfeited. This is to encourage water users to put their water rights to efficient use and to prevent users from stockpiling water rights without using them. Finally, the “necessity” doctrine holds that when water is absolutely necessary for public health, safety, or welfare, then the state may issue a water right that will supercede all prior appropriations. This is in order to protect the public in times of crisis.

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Are there any exceptions to the “first-in-time, first-in-right” rule?

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