Kyle Harrison
concept

Prior Appropriation

Prior Appropriation

One-line: The Western U.S. water-rights doctrine of “first in time, first in right” — the oldest claims hold seniority and get their full allocation before junior rights get any, when the water runs short.

A durable, reusable water-law concept surfaced in Water in Catron County. The rule that governs who actually gets wet water in a dry year across the Gila / San Francisco system — and a key constraint for any The Luna Landing land/water use.

How sources describe it

  • “First in time, first in right” — the oldest ditches and claims (many dating to the 1880s in Catron County) hold seniority when the river runs short (source: Water in Catron County).
  • Operates underneath the 1964 interstate ceiling from Arizona v. California: entitlement on paper vs. wet water in the channel. The oldest Acequias and diversions are the senior rights (source: Water in Catron County).
  • Beneficial use is the touchstone of New Mexico water law — a right must be put to actual beneficial use; speculative, unused claims fail (the basis for rejecting the Augustin Plains export scheme) (source: Water in Catron County).

Where it shows up

(auto-populated by lint)

Referenced in