What is the doctrine of water appropriation?

Water appropriation is a legal doctrine that governs the take and use of water in Virginia. It is based on the principle of prior appropriation, meaning the first person to make an appropriate beneficial use of the water has the earliest and best right to continue that use and is known as the senior appropriator. This doctrine holds that the person who first takes and uses the water (the senior appropriator) has the exclusive right to do so, even if their use reduces the available supply for subsequent users. Virginia’s water appropriation doctrine is based on the “first in time, first in right” principle, meaning that the first user of a water source is entitled to the most rights and protection in the event of a dispute. For case of disputes, Virginia courts consider the date on which the appropriator began using the water, the amount of water that was taken, and the purpose for which the water was used. The doctrine also requires that water users in Virginia are able to prove that the water they are using is actually beneficial. This means that not only do they have to demonstrate they are using it for a purpose that is in the public good, but also that the amount of water taken is necessary and reasonable for that purpose. All water takings must be reported to the state. In summary, the doctrine of water appropriation in Virginia is based on the “first in time, first in right” principle, and requires users to demonstrate beneficial use of the water they are taking. The amount of water they take must also be necessary and reasonable, and must be reported to the state.

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What is the doctrine of water appropriation?

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