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Full-Text Articles in Law
The Colorado River Revisited, Jason Anthony Robison
The Colorado River Revisited, Jason Anthony Robison
University of Colorado Law Review
Fifty years ago, former Stanford Law School Dean Charles Meyers published The Colorado River, 19 STAN. L. REV. 1 (1966), arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows-colloquially, the "Law of the River." That piece and a companion, The Colorado River: The Treaty with Mexico, 19 STAN. L. REV. 367 (1967), offered seminal accounts of the legal histories, doctrinal features, and unresolved perplexities of the Law of the River's international and interstate allocation framework. Five decades later, between thirty-five and forty million U.S. residents …
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 …