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2008

Water Law

University of Montana

Articles 1 - 3 of 3

Full-Text Articles in Law

The Anti-Speculation Doctrine And Its Implication For Collaborative Water Management, Sandra B. Zellmer Apr 2008

The Anti-Speculation Doctrine And Its Implication For Collaborative Water Management, Sandra B. Zellmer

Faculty Law Review Articles

The focus of this Article is whether the anti-speculation doctrine in western water law poses a continuing, insuperable impediment to collaborative, market-based solutions and, if so, whether the doctrine ought to be dismantled. The Article concludes that, although the doctrine does pose an obstacle to some kinds of collaborative agreements that attempt to harness market forces for future uses through forward-looking transactions, it continues to serve an important public purpose. The anti-speculation doctrine curbs the worst potential abuses of market forces by forcing transacting parties to articulate how and when the water will be applied to actual, beneficial uses, and …


A Non-Indian Entity Is Polluting Indian Waters: "Water" Your Rights To The Waters, And "Water" You Gonna Do About It?, Sean M. Hanlon Jan 2008

A Non-Indian Entity Is Polluting Indian Waters: "Water" Your Rights To The Waters, And "Water" You Gonna Do About It?, Sean M. Hanlon

Montana Law Review

Indian Water Rights


Unbundling Property In Water, Sandra B. Zellmer, Jessica Harder Jan 2008

Unbundling Property In Water, Sandra B. Zellmer, Jessica Harder

Faculty Law Review Articles

The United Nations Intergovernmental Panel on Climate Change predicts that, in the foreseeable future, climate change will exacerbate water problems worldwide. In the United States, we are likely to see more severe flooding, more frequent droughts, and a rush to secure legal rights to water supplies. Sustainable management of water resources for present and future generations will become all the more imperative as we face increasing pressure on limited supplies. The quest for sustainable management has stimulated a movement for greater recognition of private property rights to attain efficient use and allocation of water. The World Bank and the International …