In the West, water is more than a resource—it’s a legal asset with centuries of precedent behind it. And if you’ve been exploring ranch properties or water rights in Colorado, chances are you’ve come across the phrase “First in Time, First in Right.”
But what does that phrase actually mean? And how does it play into the Colorado River Compact and the current renegotiation efforts?
At Eagle Land Brokerage, we believe informed buyers and landowners are empowered to make smarter decisions. Here’s a breakdown of this fundamental concept in Western water law and why it matters for ranchers, investors, and anyone managing land in Western Colorado.
What Does “First in Time, First in Right” Mean?
“First in Time, First in Right” is the guiding principle of prior appropriation, the legal doctrine that governs water rights in most Western states—including Colorado.
Under this system, the first person to divert water from a stream or river and put it to “beneficial use” (like irrigation or livestock watering) gains a senior right to continue using that water. Any person who comes later—no matter how close they live to the water source—gets a junior right, which can be legally curtailed during times of shortage.
It’s not about proximity to the river—it’s about chronology and historical use.
Key Legal Concepts to Understand
1. Beneficial Use
To claim a water right, you must put water to “beneficial use.” Common examples include:
- Irrigation
- Livestock watering
- Domestic use
- Industrial or municipal use
If you stop using the water, or change the way you use it without proper legal steps, you risk losing the right through abandonment or forfeiture.
2. Priority Date
Each water right comes with a priority date—the day the right was legally established. In a drought or when supplies run low, the senior rights holder (earlier date) is legally entitled to their full allotment before junior rights holders get a drop.
3. Call on the River
If a senior user isn’t receiving their legal amount of water, they can place a “call” on the river. The Colorado Division of Water Resources then enforces curtailments, shutting down junior users as necessary to fulfill the senior right.
How Does This Relate to the Colorado River Compact?
The Colorado River Compact of 1922 divided the river’s water between two basins:
- Upper Basin: Colorado, New Mexico, Utah, Wyoming
- Lower Basin: California, Arizona, Nevada
Colorado’s water rights system still follows prior appropriation internally. But when it comes to delivering water to the Lower Basin under the Compact, the state as a whole must meet its obligations, regardless of individual rights. If the Lower Basin demands its share under a “Compact call,” the state may be forced to curtail junior rights holders to satisfy its commitment—even if they hold state-recognized legal water rights.
Why This Matters to Landowners and Buyers
If you’re buying or selling ranch property in Western Colorado, the priority date of any included water rights is critically important. Here’s why:
- Senior Rights = More Security: In dry years or Compact calls, senior rights holders are less likely to be curtailed. This adds value and operational reliability to the land.
- Junior Rights = More Risk: If your ranch holds only junior rights, your water access could be cut off in drought or during Compact enforcement actions.
How to Evaluate Water Rights on a Property
When evaluating ranches or recreational properties with water access, consider:
- What is the priority date of the water right?
- Is it a surface water right, a well right, or both?
- Is the right adjudicated (legally recognized by the courts)?
- Is the water right actively in use, and is it in good standing?
At Eagle Land Brokerage, we can help connect buyers with expert water attorneys and water rights engineers to assess any property thoroughly.
Conclusion: Know What You’re Buying—Or Selling
“First in Time, First in Right” is more than a phrase—it’s the foundation of how water is used, traded, and protected in the West. And with Colorado River Compact renegotiations on the horizon, understanding how priority and appropriation impact your land is more important than ever.
Whether you’re considering buying your first irrigated tract or divesting from a legacy ranch, water rights deserve close scrutiny and thoughtful strategy.
Explore Ranches with Secure Water Rights
At Eagle Land Brokerage, we specialize in helping clients buy and sell Colorado ranches with an eye toward long-term viability. From small irrigated parcels to large legacy operations with historic rights, we’re here to guide you through every step.
