How do riparian and prior appropriation systems differ in their approach to water rights?

Riparian and prior appropriation systems are two different systems for determining water rights in Virginia. Riparian systems are based on the common law principle of riparian rights. This principle generally holds that a person who has a property line bordering a water body (a “riparian”) has a right to use the water that runs through their land, subject to certain qualifications. With this system, each riparian may have a limited right to a “reasonable” use of the water, and such rights are shared amongst all of the riparians who share the waterway. By contrast, the prior appropriation system is based on the principle that the first person to put water to beneficial use has a priority right to continue to use it. Those who later claim the right to use the water must show that their use is either more important, or more reasonable than that of the prior user. This system is based on the idea that the water should be put to the best use possible and that water rights should be allocated in ways that benefit the public. These two systems approach water rights in different ways, but both are rooted in the principle of equitable allocation. With the riparian system, it is assumed that the riparians should share the right to use the water, while with prior appropriation, it is assumed that the initial user of the water should be allowed to continue to benefit from it. Both of these systems are used in Virginia, and both serve to ensure that water rights are allocated in a fair and equitable manner.

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How do riparian and prior appropriation systems differ in their approach to water rights?

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