What is the doctrine of water appropriation?

The Doctrine of Water Appropriation is a legal concept that applies to the state of South Carolina. It is a principle of common law (law based on customs and court decisions rather than statutes) that establishes the right of any person, company, or agency to divert and use a certain amount of surface water (water above ground) for a specific purpose. Water Appropriation applies when a single user is taking more than their fair share of water from a common source. In other words, it ensures that no single user can monopolize the use of the water or use more than their allocated amount. It does this by granting the first person or agency to begin using the water a priority right. This means that they have a right to use the water before anyone else as long as they maintain their original use of it. Water Appropriation also allows for other users to utilize a certain amount of water from the same source as long as they do not exceed the users that have priority. They must also abide by the conditions of the appropriation and not interfere with the rights of the primary user. Additionally, they must pay for the right to use the water. In sum, the Doctrine of Water Appropriation seeks to be fair to all users that require access to a certain body of water. It ensures that the primary user remains the primary user, while allowing additional users access to the resource, as long as they abide by the conditions of the appropriation and pay the prescribed fees.

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What is the doctrine of water appropriation?

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