What is the status of pre-existing water rights when someone revives (ihya') barren land closer to the river head than established right-holders?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
If a community possesses an established right of irrigation (rasm shurb) from a non-owned river or stream, a person who revives barren land closer to the river head than their land may not irrigate before them. This is because the established users preceded him to the river. Furthermore, when someone acquires land, they acquire it with its attendant rights and utilities, and no other person can nullify these rights, which include the right to water access.
Supporting text
There are two views regarding whether the established users can prevent the revival of that barren land: one view holds they cannot, as their right pertains only to the river, not the barren land itself. The second view permits prevention, lest the revival leads to obstructing their water rights later by gaining proximity precedence over time.