Author Question: Rick Morgan operates a ranch in a state that follows the prior appropriation doctrine. In 1886, his ... (Read 60 times)

washai · **on:** Jun 24, 2018

Rick Morgan operates a ranch in a state that follows the prior appropriation doctrine. In 1886, his family had diverted water from the Cooley River to their ranch lands. The effect was that other properties located below Rick's had access to Cooley River water only during extremely wet seasons when Rick released excessive flow. The neighbors below Rick's ranch maintain Rick has taken a property right and they are owed compensation.
A) The neighbors are correct because diverting the water was a trespass.
B) The neighbors are correct because water must be allocated in a prior appropriation state.
C) The neighbors are incorrect and Rick has not violated their rights.
D) Both a and b

Question 2

A person who acquires an instrument with knowledge that there is a defense a party may have cannot be an HDC.
Indicate whether the statement is true or false