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Define Prior Appropriation in Real Estate
Prior Appropriation:
"Prior appropriation" is a legal doctrine that governs the use of water resources. It is based on the idea that the first person to use a particular water source has a priority right to continue using that water source, even if others come along later and want to use it too.
Example:
Let's say that a farmer in a rural area has been using a particular stream to irrigate his crops for many years. Under the doctrine of prior appropriation, the farmer would have a priority right to continue using that water source, even if a new housing development is built downstream and also wants to use the water from the stream.
"A Deep Dive for Real Estate Agents and Appraisers"
Here are a few additional things you should know about "prior appropriation":
- Prior appropriation is a common water rights system used in many Western U.S. states, where water is often scarce and in high demand.
- Under prior appropriation, water rights are often separate from land ownership, which means that someone can own land without owning the water rights to the water source on that land.
- Prior appropriation is often contrasted with riparian rights, which are based on the idea that landowners whose property is adjacent to a water source have a right to use the water.
- Prior appropriation can be regulated by state water law and can also be subject to changes in water availability due to factors such as drought, climate change, and population growth.
Overall, prior appropriation is an important legal doctrine that governs the use of water resources in many Western U.S. states. Understanding how it works and how it is regulated can be helpful for real estate agents who work in areas where water rights are an important consideration for property transactions.
"Wit & Whimsy with the Dumb Ox: Unlocking Knowledge with Rhyme:"
When it comes to water use, there's a rule,
The first user has the right, it's called prior appropriation, cool!
It means they can keep using the water they found,
Even if others come around.