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Natural resources in the United States are historically conquered and commodified in ways that prioritize economic development over human needs. The Western United States, in particular, is built upon the idea of seniority: the first settlers to new lands are the first to important resources and the first to draw from a water source.
Water, like many other natural resources, is a commodity that has been divided and allocated in systematically unfair ways. This notion of “owning” a resource so crucial to our planet casts a shadow over many people’s livelihoods.
Most of the western U.S., including Colorado, follows a foundational doctrine called the Doctrine of Prior Appropriation. This doctrine is often referred to as “first in time, first in right.” It means the first to use a water source has first rights to the water, granted they obtain a court decree verifying they have priority status.
Only once the senior rightsholder’s needs are satisfied can subsequent water rights be fulfilled. They must also divert the water for a “beneficial” use, such as municipal or agricultural use, and if they fail to do so, they’re at risk of forfeiting their rights to the water source.
This doctrine originated in a time when prior appropriation was beneficial to only certain groups. While it allows “senior” individuals first claim regardless of land ownership, the “first in time, first in right” concept gave codified advantages to settlers who appropriated water first. This discounted centuries of past Indigenous uses of water sources.
The United States’ obsession with seniority all falls apart the second that history enters the equation. No one has senior rights to a water source on a continent that was inhabited for thousands of years before becoming the United States of America. Saying an “initial” use of a resource equates to permanent rights further neglects the mass displacements of the 19th century.
The implications of this system are easy to see. We’ve built a foundation that allocates water based on title, not true need. From the backdrop of the doctrine, we find ourselves watching reservations lose access to water in favor of major corporations. In fact, only a small percentage of reservations even have quantified water rights at the moment. A system like this is bound to hurt people.
During droughts, like the current one Colorado is experiencing, many groups are left without water, while much of it is diverted to the “senior” user. If left uncorrected, the state could find itself dealing with major municipal and agricultural losses.
Water rights are at a tipping point. Droughts in the western U.S. are changing our climate — and we need to change with them. Even if precipitation returns to normal rates in the coming years, we are still reaching higher temperatures than ever before. The Doctrine of Prior Appropriation system cannot last forever in a shifting environment, especially not one in which we consistently grow more water stressed. And as urbanization in Colorado expands, there’s a higher demand for water every day. The western U.S. is playing with fire — distributing water they do not have — without much worry for the future.
Moving forward, water rights need to be reformed. Prior appropriation works in theory: We distribute water to the highest-priority needs first, then allocate the remaining water to other places. But the problem occurs when priority is wrongly assigned and water usage surpasses the actual water we may have. Prior appropriation should ensure high-priority needs are met — yet, in reality, many important groups are left out.
Some senior rights holders have already begun giving up old priorities for the sake of nature-based solutions, but we still need reforms to address newer issues such as global warming-fueled droughts.
Global warming issues aren’t going away but our water sources might be. Water isn’t unlimited; we need water rights that address systematic and modern issues to move us to a place that’s ready to support Colorado’s future.
Reach Skylar White at letters@collegian.com or on social media @RMCollegian.
