What is the doctrine of water appropriation?
The doctrine of water appropriation is a legal principle used in California water law that affects how water is allocated among competing users. It is based on the idea that the person or entity who uses the water first has the right to its use before other users. It is also referred to as the "first in time, first in right" rule. This means that if two people both claim the right to a specific source of water, the one who was using it first has the right to continue its use over the other user. The doctrine of water appropriation works alongside other doctrines, such as prior appropriation, that limit how much water each user can take from a given source. This is done to ensure that everyone has adequate access to the water they need and that no one user is overusing it at the expense of others. The doctrine of water appropriation is also used to limit the amount of damage that can be done by certain activities, such as overpumping of groundwater reserves. Water appropriation has been an important part of California water law for many decades and is considered a cornerstone of the state’s water management system. This doctrine is regularly revisited and modified to ensure it meets the needs of all water users, while still protecting the environment and conserving resources.
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