Add to ORKGIn this article, I first review some aspects of early western water allocation, particularly the way in which riparianism was initially superceded by prior appropriation and the justification then and now for the no-sharing rule of prior appropriation. Contemporary difficulties of overappropriation are then discussed, as are conventional state responses to overappropriation. I then analyze several examples from California of state equitable apportionment, which I view as an unconventional but important response to overappropriation in western states, and offer equitable interpretations of two well-known federal water law decisions. I. Introduction II. Early Western Water Allocation III. Contemporary Overappropriation ... A. Dormant Rights ....
Water law in the Northwest states has long been based on the well-established rules of the Prior App...
Western Water and the Reservation Theory - The Need for a Water Rights Settlement Ac
The prior appropriation doctrine governs allocation of the naturally-variable flow of rivers in the ...
In this article, I first review some aspects of early western water allocation, particularly the way...
The principal thesis of this article is that interstate water allocation matters. It matters because...
A transition from the era of building water projects and developing new supplies to an era of water ...
The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and...
Amid general plenty, local and regional shortages of water have appeared in the eastern United State...
The Article analyzes the prior appropriation system in the Western U.S. as a compelling application ...
This article examines the interstate water controversy between Florida, Georgia, and Alabama regardi...
The concept of “priority”—an objective basis for allocating a limited resource—is fundamental to the...
Rising urban and environmental demand for water has created growing pressure to re-allocate water fr...
Human conflicts over access to water often focalize around transboundary waterbodies. For example, i...
Water policy in the western states consistently has embraced a nineteenth century, supply-side menta...
86 p.This Article examines the development of water law in the West and suggests reliance on a comm...
Water law in the Northwest states has long been based on the well-established rules of the Prior App...
Western Water and the Reservation Theory - The Need for a Water Rights Settlement Ac
The prior appropriation doctrine governs allocation of the naturally-variable flow of rivers in the ...
In this article, I first review some aspects of early western water allocation, particularly the way...
The principal thesis of this article is that interstate water allocation matters. It matters because...
A transition from the era of building water projects and developing new supplies to an era of water ...
The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and...
Amid general plenty, local and regional shortages of water have appeared in the eastern United State...
The Article analyzes the prior appropriation system in the Western U.S. as a compelling application ...
This article examines the interstate water controversy between Florida, Georgia, and Alabama regardi...
The concept of “priority”—an objective basis for allocating a limited resource—is fundamental to the...
Rising urban and environmental demand for water has created growing pressure to re-allocate water fr...
Human conflicts over access to water often focalize around transboundary waterbodies. For example, i...
Water policy in the western states consistently has embraced a nineteenth century, supply-side menta...
86 p.This Article examines the development of water law in the West and suggests reliance on a comm...
Water law in the Northwest states has long been based on the well-established rules of the Prior App...
Western Water and the Reservation Theory - The Need for a Water Rights Settlement Ac
The prior appropriation doctrine governs allocation of the naturally-variable flow of rivers in the ...