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Reviving The Public Ownership, Antispeculation, And Beneficial Use Moorings Of Prior Appropriation Water Law, Gregory J. Hobbs, Jr.
Reviving The Public Ownership, Antispeculation, And Beneficial Use Moorings Of Prior Appropriation Water Law, Gregory J. Hobbs, Jr.
University of Colorado Law Review
This article addresses originating principles of Colorado prior appropriation water law and demonstrates how the Colorado Supreme Court has applied them in significant cases decided during the first decade of the twenty-first century, a sustained period of drought. These principles include public ownership of the water resource wherever it may be found within the state, allocation of available unappropriated surface water and tributary groundwater for appropriation by private and public entities in order of their adjudicated priorities, and the antispeculation and beneficial use limitations that circumscribe the amount and manner of use each water right is subject to. Demonstrating that …
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
University of Colorado Law Review
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship between energy and water. Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process including pumping, treating, and end uses. While much has been written recently on the numeric relationship between these sectors, little has been proposed from …
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
University of Colorado Law Review
The prior appropriation doctrine is partly founded upon a concern with the speculation and monopolization of scarce water resources. This "anti-speculation doctrine" is anchored by the principles of public ownership of water and the beneficial use element of an appropriative water right. It is a progressive doctrine used by Colorado courts to prevent the public's water from being claimed for personal profit rather than actual beneficial uses. In the modern, high-stakes competition for water supplies needed to serve future population growth, Colorado municipalities and quasi-governmental water agencies have long escaped scrutiny for appropriations to serve undefined future populations. Under the …