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Full-Text Articles in Law
Compact Compliance As A Beneficial Use: Increasing The Viability Of An Interstate Water Bank Program In The Colorado River Basin, Emily Halvorsen
Compact Compliance As A Beneficial Use: Increasing The Viability Of An Interstate Water Bank Program In The Colorado River Basin, Emily Halvorsen
University of Colorado Law Review
There is a looming problem facing the Colorado River Basin: an increasing likelihood of a compact call on the Upper Basin due to projected climate change and population growth stresses on the Colorado River. To address this problem, water resource managers and natural resource management organizations throughout the Upper Basin have proposed a leading approach of an interstate water bank program. There are three main shortfalls to this though, which do not make the program a viable approach in addressing the problem: (1) legal uncertainty regarding individual water rights; (2) concerns regarding speculation; and (3) lack of incentives for state …
Save Some For The Fishes: Analyzing The St. Jude's Co. Decision And What It Means For Beneficial Use In Colorado, John Sittler
Save Some For The Fishes: Analyzing The St. Jude's Co. Decision And What It Means For Beneficial Use In Colorado, John Sittler
University of Colorado Law Review
No abstract provided.
Property Rights In Water, Spectrum, And Minerals, Richard Epstein
Property Rights In Water, Spectrum, And Minerals, Richard Epstein
University of Colorado Law Review
No abstract provided.
Alive But Irrelevant: The Prior Appropriation Doctrine In Today's Western Water Law, Reed D. Benson
Alive But Irrelevant: The Prior Appropriation Doctrine In Today's Western Water Law, Reed D. Benson
University of Colorado Law Review
The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
University of Colorado Law Review
The dwindling supply of western water resources and the increasing water demands of a growing population necessitate a fundamental reexamination of the prior appropriation system. As a nineteenth century system of water allocation, prior appropriation, traditionally applied, is ill-equipped to effectively and efficiently cope with these twenty-first-century realities. The system must be reformed. The reimagining of western water law has two components. First, the determination of whether water is being put to a "beneficial use" should be based upon a holistic, comparative assessment of the relative value of the use of that water-an exercise in values and priorities that is …