Origin of The Doctrine
The appropriation doctrine originated in Colorado in 1872 when the territorial court ruled in Yunker v. Nichols, 1 Colo. 552 (1872), that a non-riparian user who had previously applied part of the water from a stream to beneficial use had superior rights to the water with respect to a riparian owner who claimed a right to use of all the water at a later time. The question was not squarely presented again to the Colorado Court until 1882 when in the landmark case, Coffin v. Left Hand Ditch Co., 6 Colo. 443 (1882), the court explicitly adopted the appropriation doctrine and rejected the riparian doctrine, citing Colorado irrigation and mining practices and the nature of the climate. The decision in Coffin ruled that prior to adoption of the appropriation doctrine in the Colorado Constitution of 1876 that the riparian doctrine had never been the law in Colorado. Within 20 years the appropriation doctrine, the so-called Colorado Doctrine, had been adopted, in whole or part, by most of the states in the Western United States that had an arid climate.
Read more about this topic: Prior-appropriation Water Rights
Famous quotes containing the words origin of the, origin of, origin and/or doctrine:
“The essence of morality is a questioning about morality; and the decisive move of human life is to use ceaselessly all light to look for the origin of the opposition between good and evil.”
—Georges Bataille (1897–1962)
“In the woods in a winter afternoon one will see as readily the origin of the stained glass window, with which Gothic cathedrals are adorned, in the colors of the western sky seen through the bare and crossing branches of the forest.”
—Ralph Waldo Emerson (1803–1882)
“We have got rid of the fetish of the divine right of kings, and that slavery is of divine origin and authority. But the divine right of property has taken its place. The tendency plainly is towards ... “a government of the rich, by the rich, and for the rich.””
—Rutherford Birchard Hayes (1822–1893)
“Among the best traitors Ireland has ever had, Mother Church ranks at the very top, a massive obstacle in the path to equality and freedom. She has been a force for conservatism, not on the basis of preserving Catholic doctrine or preventing the corruption of her children, but simply to ward off threats to her own security and influence.”
—Bernadette Devlin (b. 1947)