Property Ownership

Under North Dakota's prior appropriation doctrine for water rights, which user has priority?

AThe property owner with the most land adjacent to the water source

BThe user who first established beneficial use of the water ('first in time, first in right')✓ Correct

CThe state government always has first priority

DMunicipal water systems always have priority over all other users

Explanation

North Dakota's prior appropriation water rights doctrine follows 'first in time, first in right.' The user who first put water to beneficial use holds a superior right over later appropriators during times of scarcity.

People Also Study

Key Terms to Know

Easement

A non-possessory right to use another person's land for a specific purpose.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Option Contract

A contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.