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Aguanomics blog: Property rights, prior appropriation & public trust

Posted by: Maven on November 10, 2009 at 7:53 am

From David Zetland at the Aguanomics blog:

“In the course of writing this post, Michael Hanemann and I debated the nature and importance of property rights. Michael said:

“Priority in appropriative water rights is rhetoric, not a functioning legal rule; it is a convenient myth that makes small children and economists happy.”

He sent along a few documents to back up his claim.

The first is his March 2009 testimony on water rights laws [doc] before the California Senate, in which he says:

I am concerned that, in the event of sharp reductions in stream flow and/or substantial increases in variability, there will be a growing political opposition to prior appropriation with seniority based on a historical hydrology that no longer exists in California.*

In that case, another possibility is some major change in surface water rights towards a more equal sharing of water, entailing the ultimate phasing out of existing appropriative rights with some substantial grace period, and with some appropriate compensation. …”

Continue reading this post at the Aguanomics blog by clicking here.

November 10, 2009 · Filed Under Water Rights

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