Responsibility to down-strean users. First claim to the water right is the first to divert water First in line, First in time Water law existing in 17 western states Successive owners use water after primary use if fulfilled During droughts, some junior users may receive no water. 1st state to formalize Prior-appropriation doctrine. The purpose of In-stream flow rights is to leave some water in place for riparian habitat. The legal authority to use within the stream channel a flow of water sufficient for the purpose of preserving values and uses such as wildlife, fish, recreation, and aesthetics.
Federal government appropriates water rights for rivers that cross states.
The Bureau of Reclamation is one federal agency that supplies water. English rule - right of absolute ownership of water under a property holder's land. Owner can pump unlimited water at an unlimited rate, even if adjoining owners are impacted. Was finally overturned in Ohio in 1984 in the case Cline vs. American Aggregates. The judge recognized that scientists could determine that ground-water flow was not secret and that impacts on neighboring users could be distinguished.