Facts: A property owner held overlying rights to the groundwater below the surface of their property. A government agency appropriated nonsurplus groundwater openly and adversely for an uninterrupted period of five years. Through this open and adverse use, the government agency obtained prescriptive rights to the groundwater, with priority over the owner’s overlying rights to … Continue reading Are prescriptive rights to groundwater forfeited if the holder does not assert their priority during a surplus?