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 Tennessee Water Law. These exceptions are based on the type of use and the duration of the use. In Tennessee, a water user must demonstrate that their activity has been occurring for five or more years in order to be eligible for a presumption of legal use. The state recognizes long-time water users with a vested right to continue to use the water. This is referred to as the rule of “prior appropriation” and is known as a “presumption of legal use”. The state also allows the interference of another’s rights in order to satisfy a public trust. This means that the government can alter private rights if it is determined to be in the public’s best interest. Finally, in some cases, Tennessee allows “vested rights of future use”. This means that the water user may be allowed to reserve the right to use the water in the future if it has been demonstrated that the water user has been planning to develop or use the water in the future. This ensures that the water user does not lose rights to the water due to events outside of their control. Overall, exceptions to the “first-in-time, first-in-right” rule are based on longstanding use, public trust, and future plans. By understanding these exceptions, Tennessee water users may be better informed about their rights and obligations when it comes to water use in the state.

Related FAQs

What is the doctrine of equitable estoppel?
How does the law of water ownership affect real estate transactions?
What is water conservation?
What is the purpose of water law?
What is beneficial use?
What is the doctrine of absolute liability?
What is the public trust doctrine in terms of water?
What is the “doctrine of gains”?
What are the basic principles of irrigation law?
What are the different methods of harvesting ground water?

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

Related FAQs

Related Blog Posts