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 of water law in Washington. One exception is if the use of an early water right is found to be unnecessary and wasteful. In this case, the right may be diminished or limited by the court. For example, if the water right is being used in excess of what is necessary, the court may order that some of the water be made available for other uses. Another exception to the “first-in-time, first-in-right” rule is when new water rights are granted for a use that is found to be more beneficial or beneficial to a wider range of users. This is known as “secondary use” and must be determined by the court to be beneficial in order for a new water right to be granted. This is often done to meet the needs of growing communities or to provide water for beneficial uses such as fish and wildlife habitat. Finally, the Washington Supreme Court has recognized a conditional water right in situations where it is determined that the water right holder should have the right to use water, so long as they do not cause unreasonable harm to other users. This is known as a “balancing” test and is used to take into account the needs of all users.

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

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