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<br />- <br />, <br /> <br />" <br /> <br />water which can be consumed, and does not promote the efficient <br />allocation of water.s "Riparian law is not a complete system of <br />property rights allocation, as is the law of prior <br />appropriation. ,,6 <br /> <br />Based on custom and use, prior appropriation law allocates <br /> <br />water in priority to those who use water for a beneficial use, <br /> <br /> <br />without waste. Water flowing in natural streams, and groundwater <br /> <br />tributary thereto, is a public resource that is subject to <br />private appropriation and use as a property right, without regard <br />to riparian land ownership. When made, the appropriative use <br />ripens into an exclusive right of use, or usufructuary right. In <br />times of scarcity the available water supply serves demand in <br />order of priority. Pro-rata curtailment of uses does not occur <br />under prior appropriation as opposed to riparian systems. <br />The most valuable aspect of an appropriative right is its <br />priority to reduce water to possession for a beneficial use.7 <br />Appendix B to this paper contains an illustrative example of <br />recognized and disallowed beneficial uses in Colorado, a prior <br />appropriation state which recognizes recreational, aquatic life, <br />and other environmental uses, subject to appropriation and <br /> <br />administration in priority. <br /> <br />S A. Dan Tarlock, Law of Water Rights and Resources at S 2.05 <br />(1), p. 2-12, no. 4. <br /> <br />6 A. Dan Tarlock, Law of Water Rights and Resources, suora, at <br />S 3.14, p. 3-73. <br /> <br />7 Navaio Develooment Co.. Inc. v. Sanderson, 655 P.2d 1374, <br />1377 (Colo. 1982) <br /> <br />3 <br />