Civic · 6 pages · 12 min
How water rights differ from water as a physical fact
A water right is a legal claim to use water, not the water actually in the river.
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From the opening
A water right is a legal entitlement, under state law, to divert or use water from a source under stated conditions. Water as a physical fact is the volume actually present in the river, aquifer, or ditch, which depends on weather, snow, and what upstream users have already taken. The opening covers paper is a place in a legal queue, senior rights are served first, and a decree is not a full ditch.
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Inside
- Paper is a place in a legal queue
- Senior rights are served first
- A decree is not a full ditch
- Gauges measure the physical supply
- Where the idea stops applying
- A distinction worth keeping
Sources
- Prior appropriation water right
- Beneficial use doctrine