What is the "Doctrine of Prior Appropriation"?

• A. A pre-emptive zoning ordinance
• B. The right of government to confiscate land and improvements
• C. A doctrine that gives the state control of water use and the water supply
• D. A real estate tax applied to owners of water rights

Answer: (C)

The Doctrine of Prior Appropriation is the system for allocating water rights in areas where water is scarce, based on who first put the water to beneficial use. It follows the principle of “first in time, first in right,” meaning senior appropriators have priority over junior ones during shortages. The state regulates and administers these rights—issuing permits, enforcing usage, and ensuring the water supply is allocated according to priority. This concept matters in real estate because water rights are a transferable property interest that derives from state authorization and the date of first use, not merely from land ownership. In drought, senior rights are satisfied first, and junior rights can be curtailed.

The other options don’t fit: a zoning ordinance governs land use planning; confiscation would imply government taking land outright; a tax on water rights would be a fiscal levy, not the allocation framework for water usage.