Is Prior Appropriation Constitutional?
The “prior appropriation doctrine”, that “first in time is first in right,” creates a “privilege” for senior rights holders not enjoyed by junior rights holders. It also creates an “immunity” against water shortage for senior rights holders when climate change reduces the public’s water supply.
Washington State Constitution
Article 1, Section 8: “No law granting irrevocably any privilege, franchise or immunity shall be passed by the legislature.”
Article 1, Section 12: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations.”
Article 1, Section 29: “The provisions of this Constitution are mandatory unless by express words they are declared to be otherwise.”
United States Constitution, Fourteenth Amendment
“No State shall make or enforce any law which shall abridge the privileges or immunities of any citizens of the United States, nor shall any State deprive any person of life, liberty, property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.”
It is Fundamental
The need for water is fundamental for both humans and other species, as well as for the health of the environment in which we live. Fundamental rights to share equally in our common assets are protected against special privileges and immunities by both Washington State’s and United States’ Constitutions. It’s a matter of “equal protection of the laws.”
Get Involved
Water belongs to the public. The right to use it for human sustenance is fundamental. Water shortage affects us all. Solving competition for its use requires collective action. Whether you are an individual, organization, or policymaker, there is a place for you at the Water Means Life Foundation. You can contribute by associating with WMLF.