How can appropriators risk forfeiting their water rights?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Appropriators can risk forfeiting their water rights primarily through the failure to use water beneficially. In many jurisdictions, including New Mexico, water rights are granted based on the doctrine of prior appropriation, which means that the rights are tied not just to ownership but also to the actual, beneficial use of the water. If an appropriator does not use the water for a beneficial purpose—such as irrigation, domestic use, or industrial needs—this non-use can result in a loss of those rights. The principle is that water should not be wasted; if it is allocated but not put to use, it may be considered as having lapsed.

In contrast, excessive use or sharing rights with others does not typically lead to forfeiture in the same way. Selling the land can also impact water rights, but it doesn't automatically result in forfeiture unless the rights are not transferred correctly or beneficial use is not continued by the new owner. In summary, the failure to use water beneficially is the most significant risk factor for losing appropriated water rights.

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