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Texas A&M University School of Law

Property Law and Real Estate

Water

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Full-Text Articles in Law

Specialization Trend: Water Courts, Vanessa Casado-Pérez Mar 2019

Specialization Trend: Water Courts, Vanessa Casado-Pérez

Faculty Scholarship

Definition of property rights is not useful unless there is an enforcement system, either public or private, that backs it up. While the definition of property rights as a solution to the tragedy of the commons has been carefully analyzed in the literature, the enforcement piece has been somewhat overlooked. Water is becoming scarcer and conflict is rising. As a result, the need for an efficient and fair enforcement system is more necessary than ever due to climate change.

Given the complexity of water law and the backlog in the judicial system, introducing specialization in the resolution of water cases …


New Water For Water Dispute Resolution, Rhett B. Larson Jan 2018

New Water For Water Dispute Resolution, Rhett B. Larson

Texas A&M Journal of Property Law

Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved …


Water Valuation And Utility Rates, Amy Hardberger Jan 2017

Water Valuation And Utility Rates, Amy Hardberger

Texas A&M Journal of Property Law

As I’ve worked on this topic, it really has evolved. I was thrown into land use, but land use opened my eyes to new water tools. Nationwide there is a shift towards conservation of water and water sustainability. Land use might be the “ace-in-the-hole,” not the simple act of turning the water off when you brush your teeth—even though I want you to do that.

What’s important when talking about how we are going to survive, is “where are we going?” Because cities are so overpopulated, we are moving out of rural areas and into cities. This has caught the …