ABSTRACT

The prior appropriation doctrine, the primary water law doctrine of the western United States, is a legal rejection of the riparian rights doctrine, which originated in England (see Ref.[1] pp. 3-3 to 3-6). Under the riparian rights doctrine, only those whose land bordered a stream had a right to use water from the stream (see Ref.[1] pp. 3-47 to 3-52). Under the early appropriation doctrine, water rights were created by diverting water from the stream and making a beneficial use of the water. Under most modern state appropriation systems, the water appropriator must also comply with state appropriation permit requirements.