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Environmental Law

Notre Dame Law School

Journal Articles

1963

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Surface Water In Indiana, Thomas L. Shaffer Jan 1963

Surface Water In Indiana, Thomas L. Shaffer

Journal Articles

Given the possibility that Indiana may be critically short of water before this century ends, the inquiring purpose of this paper is whether the courts of that state are looking less at the future need for water than at the past abundance of it.

Surface water in Indiana has always been regarded as a nuisance, even in the unusually dry growing season of 1963. "A river," Justice Holmes once said, "is more than an amenity. It offers a necessity of life that must be rationed among those who have power over it." In a state that faces a dearth of …