Water rights acquired by means of diverting and putting the water to beneficial use following procedures established by state statutes or courts would be _________.

• A. Riparian Rights
• B. Usufruct Rights
• C. Appropriative Rights
• D. Priority Rights

Answer: (C)

Appropriation rights are created when a person diverts water from a source and uses it beneficially under state statutes or court decisions. This approach is common in the western United States where water is scarce: the right attaches to the act of diverting and applying the water to a beneficial use, not to land ownership alone. The system also uses priority dates—older, or “senior,” rights have first claim during shortages, while newer, “junior” rights may be curtailed. Riparian rights, by contrast, come from owning land along the watercourse and emphasize reasonable use tied to that land, not the act of diverting under a formal permit. Usufruct rights aren’t the standard mechanism for water rights, and while priority is an important feature of appropriation, it’s a consequence of the system rather than the method of acquisition.