WATER RIGHTS LITIGATION

PATTERNS OF WATER PLENTY AND WATER SHORTAGE IN VARIOUS STATES ARE DISCUSSED. THE LOWER COLORADO RIVER BASIN PROJECT ACT IS DESCRIBED. THE ACT'S PRIMARY PURPOSES ARE COMPREHENSIVE DEVELOPMENT OF THE WATER RESOURCES OF THE LOWER COLORADO RIVER BASIN, AND ADDITIONAL SUPPLIES FOR BOTH THE UPPER AND LOWER BASINS, IT PROVIDES FOR FLOOD CONTROL, RECLAMATION OF WATER FOR MUNICIPAL, INDUSTRIAL, AND OTHER BENEFICIAL PURPOSES, WATER QUALITY CONTROL, OUTDOOR RECREATION FACILITIES, IMPROVEMENT OF CONDITIONS FOR FISH AND WILDLIFE, AND THE GENERATION AND SALE OF HYDROELECTRIC POWER, AND IT SEEKS TO FILL LAKE MEAD AND THE COLORADO RIVER STORAGE PROJECT RESERVOIRS IN THE UPPER BASIN TO OPTIMUM OPERATING LEVELS. TWENTY-ONE WESTERN STATES - A GROUP RECENTLY JOINED BY ALASKA AND HAWAII - HAVE ADOPTED A LEGISLATIVE POLICY THAT RECOGNIZES THAT THEIR PEOPLE ENJOY A PARAMOUNT INTEREST IN THE USE AND DEVELOPMENT OF WATER, BOTH SURFACE AND UNDERGROUND, AND THAT STATES THAT THIS INTEREST SHOULD BE PROTECTED BY THE STATE IN THE PUBLIC INTEREST. CASES AND PATTERNS OF STATE WATER LAW ARE REVIEWED. THREE FRAMEWORKS OF WATER RIGHTS LAWS HAVE EMERGED THROUGHOUT THE UNITED STATES: (1) THE COMMON LAW RIPARIAN DOCTRINE, (2) RIGHTS BY STATUTORY DECREE, AND (3) PRIOR APPROPRIATION, OFTEN CALLED THE PERMIT SYSTEM. WATER RIGHTS LAWS AND LITIGATIONS ARE DISCUSSED IN THE FOLLOWING STATES: MINNESOTA, NEW MEXICO, TEXAS, WYOMING, KANSAS, ARIZONA AND CALIFORNIA.

  • Supplemental Notes:
    • Vol 58, No 5, PP 535-554, 54 REF
  • Authors:
    • Taylor, E F
  • Publication Date: 1966-5

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  • Accession Number: 00238451
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 10 2003 12:00AM