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Aguanomics blog: Water right priority enforcement

Posted by: Maven on October 13, 2009 at 8:03 am

From David Zetland at the Aguanomics blog:

“I have been interested lately in enforcement of the prior appropriation doctrine in the west. Simply, the doctrine says that the oldest water rights are superior to rights perfected later in time on the same water body.

However, there is a wide range of enforcement of priority in the west. As far as I can tell, California hardly enforces priority. Yes, there are examples of enforcement, but they are the exception. Colorado, on the other hand, enforces priority daily when necessary, using real-time emails and closure of headgates. Nebraska does as well, although not to the same extent as Colorado. Arizona is an interesting case with its current massive adjudication – see this detailed and interesting article by Feller. …”

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October 13, 2009 · Filed Under Water Rights

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