Until the overlying owner uses the entire water supply, however, the appropriator has the right to use any surplus. The Doctrine of Mutual Prescription Prescriptive rights are essentially the real property common law theory of adverse possession applied to water rights. Rights to use water in the afore-mentioned case were based upon the pumping history of the previous 5 years. An exception to this rule exists where public and private entities may still prescript against other private entities. Attributes of Pueblo Rights Pueblos had a right to utilize adjacent water sources to meet the needs of the town.
Pueblo rights are paramount to all other claims.