What is the doctrine of reasonable use?

The doctrine of reasonable use is a significant part of water law in Washington. It is a doctrine that allows water users to use the water in a reasonable manner, as long as it does not cause injury to other water users. This means that one user may not use more than their fair share of the water resource, or in other words, it requires water users to use the water in a reasonable way. In Washington, the reasonable use doctrine is based on the principle of prior appropriation. This means that the first user to divert and use the water was the first to establish a right to use it. This right will generally trump other users’ rights to the water, as long as the diverter uses the water in a reasonable manner. The Washington Supreme Court has identified several elements that must be established in order to prove a reasonable use of water. These include whether the water use is necessary or whether it is wasteful, whether the use is consistent with or contrary to public policy, and whether the use is being done in a manner that is necessary to protect downstream water users. In water law in Washington, the reasonable use doctrine helps ensure that there is a fair and efficient allocation of the state’s limited water resources. It is important for water users to understand and adhere to this doctrine in order to ensure their rights to use the water are respected and that other downstream users are not harmed.

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What is the doctrine of reasonable use?

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