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 South Carolina water law. This rule is also known as the “prior appropriation” doctrine and generally states that the first individual to use a water source has the most rights to it. One exception to this rule is when a water right is “prescriptive” in nature. This is when the user of the water source had done so for a period of time that South Carolina law recognizes as a legal right. In this case, they could be granted rights to the water source even if someone else had used it first. Another exception to the “first-in-time, first-in-right” rule is when a court has decided that the use of the water source in question is not in keeping with the public trust. In this case, the court will order that the water source be shared. Finally, in some cases, a water right is granted in perpetuity. This means that the person with the water right will have the right to use the water source for an indefinite period of time. In this case, the “first-in-time, first-in-right” rule does not apply and other users may also have rights to the water source. In summary, there are several exceptions to the “first-in-time, first-in-right” rule in South Carolina water law. These exceptions include prescriptive water rights, court-ordered sharing of water sources, and perpetual water rights.

Related FAQs

What is the law of navigable waters?
What is the doctrine of reasonable use?
What is the public trust doctrine?
How does population growth affect water law?
What is groundwater law?
Are there any exceptions to the “first-in-time, first-in-right” rule?
What is water scarcity?
What is the role of water law in promoting the conservation of natural wetlands?
How is international water law negotiated?
What is the difference between riparian and prior appropriation water rights?

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

Related FAQs

Related Blog Posts