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Full-Text Articles in Law

Two Decades Of Water Law And Policy Reform Proposals: An Overview, Lawrence J. Macdonnell Jun 2001

Two Decades Of Water Law And Policy Reform Proposals: An Overview, Lawrence J. Macdonnell

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

22 pages.

Contains references.


The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches May 2001

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Michigan Law Review

A single, century-old court decision affects the water rights of nearly everyone in the West. The Supreme Court's two-page opinion in Winters v. United States sent out shock waves that reverberate today. By formulating the doctrine of reserved water rights, the Court put Indian tribes first in line for water in an arid region. Priority is everything where water law typically dictates that the senior water rights holder is satisfied first, even if it means taking all the water and leaving none for anyone else. In the West, water rights belong to "prior appropriators." The earliest users of water secure …


The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches Jan 2001

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

Publications

No abstract provided.