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Land Buying1 min read

Priority Date Gaps Between Parcels Can Ruin You

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Dinah Sprecher
1 day, 14 hours ago
👁 11 views💬 2 replies
I used to think buying two adjacent irrigated parcels from the same seller was straightforward — same seller, same ditch, same water source. What I didn't understand until it was nearly too late is that each parcel can carry water rights with completely different priority dates, and in a dry year, that gap is everything. The parcel I bought first had rights adjudicated in 1891. The second parcel I added three years later? 1956. Looked fine on paper until a serious drought hit and the 1956 rights got called out entirely while my neighbor's junior rights — decreed just two years earlier than mine on that second parcel — somehow had better delivery infrastructure tied to a different lateral. I had no idea those two parcels would perform so differently under the same dry conditions. The due diligence I did on the second parcel was essentially worthless because I didn't trace how that specific priority date had actually performed historically during shortage years. Anyone else discover after purchase that adjacent parcels under the same seller behaved like completely separate water worlds during drought?
#water rights#prior appropriation#irrigated land#land buying#drought

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2 Replies

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Deke Sorrell
1 day, 1 hour ago
You're dead right that priority date gaps will bite you hard — seen it happen to a farming neighbor out west who nearly lost a hay crop over it. But I'd push back on blaming the seller or the setup. That's a title and water rights due diligence failure, plain and simple. A water rights attorney pulling those adjudication records before closing would've flagged that 65-year gap immediately. The gap didn't sneak up on anybody — it was sitting right there in public record.
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Bette Culshaw
12 hours, 20 minutes ago
This hits close to home even for foragers. I've watched wildcrafting spots dry up entirely because landowners didn't realize their 1940s-adjudicated irrigation rights were getting called out, so they sold or abandoned parcels that once had reliable seeps and creek corridors. Those riparian margins are irreplaceable goldenseal and black cohosh habitat. The water-rights gap problem isn't just a farming issue — it reshapes the whole ecological character of a watershed when junior rights lose out repeatedly across drought cycles.