Guam § 14505 - Priorities for Water Use.

§ 14505. Priorities for Water Use.

(a) All surface water and ground water in Guam are declared to be a public asset and belong to all of

the people of Guam held in trust by the government of Guam. Such water shall be utilized as follows:

(1) First priority shall be for use or resale by the Guam Waterworks Authority for household use,

for bona fide farms, plant nurseries, aquaculture, ranches for other bona fide agricultural uses.

(2) Second priority shall be for any other use by the government of Guam for public recreation

and for other public purposes only and not for purposes enumerated in Subsections (3) and (4) below.

(3) Third priority shall be for commercial and industrial use.

(4) Fourth priority shall be for irrigation of golf courses, for irrigation of lawns or ornamental

gardens.

(5) Fifth priority shall be for any other purposes.

(b) Any use of higher priority shall have preference over any use of lower priority regardless of which

use was first in time.

(c) As between water uses of equal priority, first in time shall have a temporary priority to the extent

of such prior use for so long as the water is actually beneficially used on a regular or seasonal basis, but if

not used such temporary water right shall be deemed abandoned pursuant to the common law.

(d) The Authority shall certify that any approval of water service applications pursuant to the priorities

above will not diminish or impair the quality of water service to customers with a higher priority. GWA

approval shall be required for the use of all withdrawal of water from any water source in accordance with

this Act.

(e) The Guam Waterworks Authority shall within two hundred sixty (260) days of the enactment,

adopt rules and regulations setting forth the application process and approval for water withdrawn from any

water source, including, but not limited to, surface streams and rivers, wells and springs and from the aquifer

by any person (individual, corporate or local or federal government entity, including the military) other

than the Guam Waterworks Authority that seeks to withdraw water from any water source on Guam.

(f) All water rights and rights to use water shall be determined according to the foregoing, and there

shall be no riparian water rights in Guam. This Act establishes priorities only, and shall not establish any

vested water rights in any person, other than in the government of Guam.