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Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen
Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen
Texas A&M Journal of Property Law
Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them …
What If? Using Medicare Regulations To Control And Commercialize Rainwater Harvesting, C. Trey Scott
What If? Using Medicare Regulations To Control And Commercialize Rainwater Harvesting, C. Trey Scott
Texas A&M Journal of Property Law
This Article will examine how rainwater harvesting in Texas would look if applied to a structure for rainwater governance similar to the structure of Medicare governance. Section II addresses the reasons why rainwater harvesting must be considered a necessity. Next, Section III will provide an overview of the applicable Medicare regulations that will later be reappropriated and rewritten for rainwater harvesting. Section IV will apply the discussed Medicare structure to rainwater harvesting. Finally, Section V will provide a closing answer to what if we applied the Medicare structure to rainwater harvesting.