What is the law of capture?

In Arizona, the law of capture is a rule-of-law that governs how water rights are determined. This law was initially established in 1832, but has been modified over time. It states that the rights to water from a natural source, such as a river or stream, are held by whoever is the first to capture and use it. In other words, the first person to take control of the water and make use of it is the one who holds the water rights. Additionally, the rights to use the water cannot be interfered with, so if other people start using it after it is already being used, they will not have any legal rights to it. Essentially, the law of capture is a doctrine that applies to water rights in many states, including Arizona. The law of capture has generated some controversy because it does not recognize a person’s right to continue to use the water if they have done so before another person started using it. Additionally, this law does not take into account the other benefits of water, such as ecology, sanitation, or recreation. Overall, the law of capture is a fundamental principle of water law in Arizona and many other states, but it is not without its flaws.

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What is the law of capture?

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