Prior Appropriation: Water Rights in a Time of Drought

In law, some of the least understood, but most critical, issues relate to water law. Those legal issues exist at both state and national levels, as well as in treaties between nations.

The United States basically has two types of water rights: prior appropriation and riparian (as well as variations of each).

Prior appropriation is based on first use of a water resource for claimed beneficial use.

Riparian rights are based on the proximity of those who or use land nearest the water resource.

In the U.S., riparian rights are found in the eastern US, while prior appropriation is found in the mountain west.

Water law may not seem important if you’re not a farmer or a rancher – at least as long as water flows when you open the tap.  But it is likely your water source is governed by a water right.

And during the drought that exists across the West, failure to adapt to changing climatic conditions – no matter the cause – is leading to chaos.

Trout are dying in streams across the West due to reduced stream flows resulting from prior appropriation – related to ranching and farming for stock feed.

If you don’t live there, or fish there, or visit there – why should you care?

You should care because governments (local, state, or national) that can not act quickly to protect trout or other natural resources may not be able to protect you as the climate crisis grows and water becomes the limiting resource for civilization.

Some corporations understand the increasing scarcity of water – they are buying up municipal water systems around the world.

Access to water has always been considered a basic right – soon, with corporations involved, it will become a precious resource to those who can afford the subscription costs.

Look at the “Day Zero”predictions for Capetown, Mexico City, and other cities worldwide – including Miami, Florida in the U.S.

So read the The Daily Montanan article about trout in Rye Creek in Montana, and realize that could soon be talking about people.

The Rye Creek trout are a canary in the coal mine.

 

Author: Tom

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