The Unsettling of the West: How Indians Got the Best Water Rights

Getches, David H.; Shurts, John

doi:10.2307/1290394

Cited by 3 publications

(4 citation statements)

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“…Appropriative rights are separated from landownership in the western United States (Littleworth and Garner 2007), although some states such as Nevada and Oklahoma partly restrict transfer for uses separate from the land (Getches et al 2015). In the case of the Murray-Darling Basin, the Council of Australian Governments separated all statutory water rights from landownership in 1994 to promote water markets (Grafton and Horne 2014).…”

Section: Legal Conditions For Water Marketsmentioning

confidence: 99%

Are water markets globally applicable?

Endo

Kakinuma

Yoshikawa

et al. 2018

Environ. Res. Lett.

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Water scarcity is a global concern that necessitates a global perspective, but it is also the product of multiple regional issues that require regional solutions. Water markets constitute a regionally applicable non-structural measure to counter water scarcity that has received the attention of academics and policy-makers, but there is no global view on their applicability. We present the global distribution of potential nations and states where water markets could be instituted in a legal sense, by investigating 296 water laws internationally, with special reference to a minimum set of key rules: legalization of water reallocation, the separation of water rights and landownership, and the modification of the cancellation rule for non-use. We also suggest two additional globally distributed prerequisites and policy implications: the predictability of the available water before irrigation periods and public control of groundwater pumping throughout its jurisdiction.

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Section: Legal Conditions For Water Marketsmentioning

confidence: 99%

Are water markets globally applicable?

Endo

Kakinuma

Yoshikawa

et al. 2018

Environ. Res. Lett.

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“…114 Land owners have rights to access the water adjacent to or passing through their properties for reasonable use and they can utilize the water so long as doing so does not harm other riparian claimants down stream. 115 These rights are appurtenant to the land and are transferable only with it. The arrangement works well where precipitation and streams are plentiful and more-or-less uniformly spread.…”

Section: Surface Watermentioning

confidence: 99%

“…The most arid western states-Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming-constitutionally or statutorily adopted the appropriative system. 117 States with more water maintained a hybrid system of both riparian and appropriative water rights-California, Nebraska, Oklahoma, Oregon, Washington, North and South Dakota, and Texas. 118 At the time of the development of the appropriative rights system, there were single, homogeneous constituencies in each area-miners in mining camps and farmers who typically were members of ditch companies or irrigation districts.…”

Section: Surface Watermentioning

confidence: 99%

“…117 States with more water maintained a hybrid system of both riparian and appropriative water rights-California, Nebraska, Oklahoma, Oregon, Washington, North and South Dakota, and Texas. 118 At the time of the development of the appropriative rights system, there were single, homogeneous constituencies in each area-miners in mining camps and farmers who typically were members of ditch companies or irrigation districts. They had similar interests in the diversion of water from streams to support economic development in mining and farming.…”

Section: Surface Watermentioning

confidence: 99%

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The Assignment of Property Rights on the Western Frontier: Lessons for Contemporary Environmental and Resource Policy

Libecap

2007

JEH

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In addressing environmental and natural resource problems, there is a move away from primary reliance upon centralized regulation toward assignment of property rights to mitigate the losses of open-access. I examine the assignment of private property rights during the 19th and early 20th centuries to five natural resources, mineral land, timberland, grazing and farm land, and water on federal government lands in the Far West. The region was richly endowed with natural resources, but assigning property rights to them required adaptation from established, eastern practices as defined by the federal land laws. The property rights that emerged and their long-term welfare effects provide a laboratory for examining current questions of institutional design to address over-fishing, excessive air pollution, and other natural resource and environmental problems. A major lesson is that property rights allocations based on local conditions, prior use, and unconstrained by outside government mandates were most effective in addressing not only the immediate threat of open-access, but in providing a longer-term basis for production, investment, and trade. Another lesson is how hard it is to repair initial faulty property allocations. Accordingly, path dependencies in property rules are real, and they have dominated the economic history of resource use in the West.

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American Indian Water Rights

Carter

2008

Legal Reference Services Quarterly

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The Unsettling of the West: How Indians Got the Best Water Rights

Cited by 3 publications

References 0 publications

Are water markets globally applicable?

Are water markets globally applicable?

The Assignment of Property Rights on the Western Frontier: Lessons for Contemporary Environmental and Resource Policy

American Indian Water Rights

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