Unsettled Waters
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Eric P. Perramond. Unsettled Waters
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Unsettled Waters
Edited by Julie Guthman, Jake Kosek, and Rebecca Lave
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Water rights hinge on the provable date of first beneficial use. If all the rights under consideration in a basin are later than, say, the establishment of New Mexico as a state in 1912, the task is easier. The 1907 water code firmly established the use of prior appropriation law (first in time, first in right), common throughout the American West, which supplanted previous customary traditions. Influenced by Colorado and that state’s strict adherence to prior appropriation, politicians at the time agreed to this template of water law for the state of New Mexico.
Under prior appropriation an individual with an earlier date, say, 1730, as a first-documented diversion and beneficial use of water can get a full allocation of water rights before those with more recent use dates. As long as those water rights are used continuously on appurtenant land or at least not discontinued for more than five years, those water rights “stay” with the adjoining land.
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