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 Virginia. This rule, which is also known as the “doctrine of prior appropriation,” is the basic principle of water law in this state. It states that whoever first diverts and benefits from the use of surface water is entitled to keep using it before anyone else can. But certain exceptions have been made to the rule. One exception is for newer users of water who are in a position of reasonable necessity. This means that if a new user needs water for legitimate agricultural use, and if there is no other practical way for them to secure water, then they may be able to use a prior appropriation established by someone else. Another exception to the rule is for U.S. government-owned water. This means that if the U.S. government decides to use a certain body of water, then that takes precedence over any private claims to the same water. Finally, there is an exception for water which is forcefully taken by the state in times of drought. The state can use its power of eminent domain to allow the state to take water away from private users if it believes that doing so is in the public interest. These are the three main exceptions to the “first-in-time, first-in-right” rule in Virginia. So while the principle of prior appropriation remains the foundation of water law in this state, there are some unique and specific cases in which alternative arrangements can be made.

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

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