Com. v. Pierre-Paul

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that water statute authorizes out-of-priority diversions of water via augmentation plans so long as senior rights are protected via replacement water that offsets the out-of-priority diversion
• explaining that a water right is a right “to use in accordance with its priority a certain portion of the waters of the state”
• “Appropriation of natural stream waters is subject to administration in priority in accordance with judicial decrees determining the existence of water rights.”
• “The objective of the water law system is to guarantee security, assure reliability, and cultivate flexibility in the public and private use of this scarce and valuable resource.”
• “[A] conditional water right holds a place in the priority system to which the water right antedates in the event the appropriator places the unappropriated water to beneficial use.”
• “The applicant for issuance of a conditional decree bears the burden of demonstrating that there is unappropriated water available for the appropriation, taking into account the historic exercise of decreed water rights.”

Source: CourtListener parenthetical corpus (CC0).