State Law and Prior Appropriation

Prior appropriation is a product of 19th century mining camps in California, where the need to stimulate and protect initial investments in water infrastructure and to support economic activity away from stream corridors prompted settlers to reject the riparian system in favor of a priority system.

The rules of prior appropriation vary slightly among the western states, with the Colorado version considered among the “purest” forms.  Colorado Supreme Court Justice Greg Hobbs has written extensively on Colorado’s system:

A Primer on Colorado Water Law

Colorado Water Law: An Historical Overview

Priority: The Most Misunderstood Stick in the Bundle

An Overview of Colorado Groundwater Law

Citizen’s Guide to Colorado Water Law

Explores the basics of Colorado Water Law, how it has developed, and is used today. Readers can learn more about surface and ground water allocation and regulation, understand concepts such as interstate compacts, or read about how a "call" for water works.

Other useful resources:

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future

 

 

Water Allocation Home
Water Law and Policy Home