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 North Carolina water law. Exceptions are generally made for existing public water supply systems or other public uses, as well as for all water uses that were lawfully in existence prior to the enactment of the state water laws. The North Carolina Constitution provides precedence for water use over other uses; it states that reasonable and beneficial use of water should NEVER be denied. This means that when reasonable and beneficial uses conflict with the first-in-time, first-in-right rule, the use that serves the greater public good must take precedence. The North Carolina Supreme Court has stated that when the doctrine of reasonable and beneficial use of water conflicts with the first-in-time, first-in-right rule, the former will govern. This means that if a more beneficial or reasonable use is proposed, it can supersede any prior claims of water rights. For example, existing public water supply systems or other public uses may supersede earlier claims because they serve the greater public good. Additionally, municipal and industrial water systems may supersede the first-in-time, first-in-right rule if their proposed use of water is more reasonable and beneficial than the existing use. In North Carolina, the courts have the ultimate authority to determine what exceptions should be made to the first-in-time, first-in-right rule. Each case must be evaluated on its own merits.

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

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