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I first review some aspects of early western water allocation, particularly the way in which riparianism was initially superceded by prior appropriation and the justification then and now for the no-sharing rule of prior appropriation.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 ....
The doctrine of prior appropriation, which allocates water by priority as a means for distribution t...
California gets about 30 percent of its total water supply from groundwater. Overdraft threatens Ca...
Legal instrumentalism and legal convergence, two legal constructs, describe how American water law h...
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...
Historically, water consumption in the eastern United States has been governed by the common-law rip...
Appendix C: Legal aspect of Lower Basin Water Supply in Light of Supreme Court's Decision in Arizona...
In California, the control of water has shaped the destiny of the land and its inhabitants. Today, ...
Document: Statement of Stanley Mosk, Attorney General of California, on S. 1658 and Pacific Southwes...
The concept of “priority”—an objective basis for allocating a limited resource—is fundamental to the...
A transition from the era of building water projects and developing new supplies to an era of water ...
More than just an amenity, “[a river] is a treasure” noted Justice Holmes in a dispute over the wate...
The prior appropriation doctrine governs allocation of the naturally-variable flow of rivers in the ...
The story of water in the American West shows that political intervention is unnecessary. Local inst...
This Note assesses how much state law section 8 saves from preemption. Section I reviews the interpl...
The doctrine of prior appropriation, which allocates water by priority as a means for distribution t...
California gets about 30 percent of its total water supply from groundwater. Overdraft threatens Ca...
Legal instrumentalism and legal convergence, two legal constructs, describe how American water law h...
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...
Historically, water consumption in the eastern United States has been governed by the common-law rip...
Appendix C: Legal aspect of Lower Basin Water Supply in Light of Supreme Court's Decision in Arizona...
In California, the control of water has shaped the destiny of the land and its inhabitants. Today, ...
Document: Statement of Stanley Mosk, Attorney General of California, on S. 1658 and Pacific Southwes...
The concept of “priority”—an objective basis for allocating a limited resource—is fundamental to the...
A transition from the era of building water projects and developing new supplies to an era of water ...
More than just an amenity, “[a river] is a treasure” noted Justice Holmes in a dispute over the wate...
The prior appropriation doctrine governs allocation of the naturally-variable flow of rivers in the ...
The story of water in the American West shows that political intervention is unnecessary. Local inst...
This Note assesses how much state law section 8 saves from preemption. Section I reviews the interpl...
The doctrine of prior appropriation, which allocates water by priority as a means for distribution t...
California gets about 30 percent of its total water supply from groundwater. Overdraft threatens Ca...
Legal instrumentalism and legal convergence, two legal constructs, describe how American water law h...