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NathanStopperFirstPaper 5 - 26 Feb 2010 - Main.NathanStopper
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Is Prior Appropriation a Practical Water Rights Rule for a Drier West? | >
> | Is Prior Appropriation a Sustainable Water Rights Rule for a Drier West? | | | Introduction | |
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> | The current system of water rights in the western states developed to meet the needs of a frontier region. Instead of employing traditional riparian rights, most Western states adopted the doctrine of prior appropriation, which encouraged mining, farming and small urban development in an arid land. But with the West's population explosion in the past hundred years, and water levels expected to drastically decrease in the future, can a 19th century common law doctrine sustain the region's growing needs? | | | A Brief Scientific Background with Links | |
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< | Evan Bayh recently wrote in an "op-ed" explaining why he's retiring from the Senate that some members of Congress used to socialize with each over and help with re-election efforts regardless of party affiliation. Now they spend their time plotting the demise of their colleagues from the other party. The ideological divide between the two sides is at such a high that it was considered a substantial victory when Republican Olympia Snowe voted to send a healthcare bill out of the Senate Finance Committee (story here), despite the fact that it would still face tremendous opposition by every other Republican Senator. Taking an all-or-nothing approach, Congressmen are unwilling to cross the aisle to enact legislation - assuming they can reach a consensus within their own party. | >
> | In 1900, the population of the eleven continental western states was about 4 million, but by 2000 it had grown to about 64 million and will undoubtedly continue to increase throughout the next century. Source Due to the expected effects of climate change, however, scientists predict that water levels will shrink by at least 20% in the region. Source. Water sources will also change substantially, as mountain runoff, the traditional source of water, decreases and rains increase. Additionally, tree ring studies have shown that the region has also suffered long and severe droughts that have had cataclysmic effects on the inhabitants, suggesting that water levels are unpredictable and fluctuate. Source. Thus, the West is entering the 21st century in a precarious position: an exploding population in an environment with decreasing water levels that is prone to extended droughts. | | | The Current State of Water Law in the West | |
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> | Water law in the West consists of | | | Prior Appropriation | |
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> | In order to promote the activities that built the region, most western states adopted prior appropriation as their common law. Instead of granting water rights to landowners with property adjacent to the water source, prior appropriation gives a right to the first entity to make beneficial use of the water. As long as that appropriator continues to use the water in the same way, he is entitled to that amount of water regardless of the effects it has on other users with a junior claim. Source There are no absolute rights to a volume of water, only rights to a volume of water for a specific use. So a senior appropriator cannot change his use of water without risking losing his rights. Seniority passes with the sale of land.
This doctrine leads to a number of serious problems that will inhibit the West's ability to adapt its water use to meet the challenge it faces. Most importantly, it inhibits efficiency by allocating water rights based on seniority instead of need. Although water markets have emerged in the region, they favor entities who can afford the water, not those that need them most. Secondly, because a reduction in use leads to a reduction in rights, there is a perverse incentive for senior appropriators to keep using excessive amounts of water and not invest in technology that would decrease their need. Finally, environmental uses of water are not accorded much importance. As water levels decrease, and the source of water shifts from runoff to rain, these problems will be substantially exacerbated.
Statute | | | Two Theories of Property Law to Explain These Rights |
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