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

Yes, there are a few exceptions to the “first-in-time, first-in-right” rule in regards to water law in the state of Georgia. This rule grants priority to the first one to claim water rights, regardless of who was actually using the water first. First, an appropriator of water has the right to protect their rights against prior existing uses, such as in the case of a dispute between current and former users. Known as the doctrine of relation, this offers appropriators the protection they need against competing prior users. Second, the doctrine of forfeiture applies when an appropriator fails to use the water for a set period of time. This doctrine allows another person to take over the water rights if they can prove that the user was not making use of the water. Third, if a person can prove that they were using the water prior to anyone else claiming the water rights, they may be granted a priority of right over the original claimant. This is known as the doctrine of estoppel. Finally, the doctrine of laches applies in cases where a person, having been issued water rights, fails to use those rights for a lengthy period of time. In this case, the water rights may be taken away from the original holder. Overall, Georgia maintains its water rights laws with a few exceptions that seek to protect those who were using the water before it was appropriated, as well as those who have not been using their water rights for a prolonged period. This helps to maintain a fair system of water rights enforcement in the state.

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

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