property
prior appropriation
A water rights doctrine, used mainly in drier western states, under which the right to use water is granted by the state based on who first put the water to beneficial use. Ownership of land next to the water does not by itself create a right to use it. Rights are often summarized as first in time, first in right, and they can be lost if the water is not used.
- Exam tip
- Contrast with riparian and littoral rights, which come from owning land touching the water. Prior appropriation is permit-based and depends on beneficial use, not location.
- Example
- A rancher who obtained a state permit in 1950 to irrigate from a river has priority over a neighbor who began drawing water in 1990, even if the neighbor owns the riverbank.
Related terms & state variants
Sources
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Last verified: 2026-10-23