How are water rights determined?

Water rights in North Carolina are determined based on the law of prior appropriation, also known as "first in time, first in right." This means that the first person to divert water from a water source, such as a river or stream, and use it for beneficial use has the priority right to use the water. Priority rights are established by the date of the appropriation and use of the water. In North Carolina, a person must obtain a permit from a state agency to appropriate water. The application for the permit must describe the proposal for the water use, the type and amount of water to be used, and the amount of water needed or proposed to be used. The permit will then be processed and either approved or denied. If approved, this then establishes the priority right to the water. Priority rights to water may be challenged in court, and can be forfeited if the water has not been used for a certain amount of time, or if the water user has failed to comply with applicable laws and regulations. Water rights can also be transferred through sale or inheritance, but the transfer is subject to approval by the state agency responsible for issuing the permits. In summary, water rights in North Carolina are determined based on the law of prior appropriation. A person must obtain a permit from the state agency to appropriate the water, and the priority rights to the water are established by the date of the appropriation and use. Water rights can be challenged, forfeited, or transferred, but all transfers are subject to approval by the state agency responsible for issuing the permits.

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