Working (around/within/against) prior appropriation: Diverse hydrosocial practices to secure water for rivers

Abstract

Water scarcity in the Western US, through the lens of political ecology, can be understood as inextricably shaped by power dynamics, governance structures, and legal practices of resource allocation. Water allocation in the region is determined largely by the legal doctrine of Prior Appropriation, the 'first in time, first in right' principle. However, prior appropriation is fundamentally based in anthropocentric and settler colonial assumptions, and in light of drought, climate change, and shifting social and environmental values, the system has been critiqued as inadequate to meet contemporary water challenges. Despite challenging historical legacies, water managers in the Western US are developing a range of strategies to work around or within prior appropriation to secure environmental flows for rivers and aquatic species. In this article we use political ecology and diverse economies approaches to consider the challenges of, and challenges to, prior appropriation. We examine a diverse set of practices, work-arounds, and creative strategies being used to secure instream flows, and discuss how these strategies affirm or challenge prior appropriation, how they reinforce or challenge inequities, and how they reform or re-envision water allocation in ways that may open up potential for social and environmental justice.