Water Rights Legislation in the East- A Program for Reform
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Water Rights Legislation in the East- A Program for Reform
Water Rights Legislation in the East- A Program for Reform
UKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reformogram for ReformRichard c. AusnessUniversity of Kentucky College of Law. rausness@uky.eduFollow this and additional works at: https://uknowledge.uky.edu/law_facpubÔ* Part of the Water Law CommonsRight click to open a feedback form in a new tab to let US know how this document benefits you.Recommende Water Rights Legislation in the East- A Program for Reformd CitationRichard Ausness, Water Rights Legislation in the East: A Program for Reform. 24 Wm. & Mary L. Rev. 547 (1983).This Article is brought to youWater Rights Legislation in the East- A Program for Reform
for free and open access by the Lavr Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an aUKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reform ReformNotes/Citation InformationWilliam and Mary Law Review. Vol. 24. No. 4 (Summer 1983), pp. 547-590This article is available at UKnowledge: https/Zuknowledge uky edu.'law_facpub/329WATER RIGHTS LEGISLATION IN THE EAST- A PROGRAM FOR REFORMRichard Ausness*IntroductionExpanding municipal and indus Water Rights Legislation in the East- A Program for Reformtrial demand, along with increasing use of supplemental irrigation,* 1 have escalated consumptive water use dramatically m the Eastern United States sWater Rights Legislation in the East- A Program for Reform
ince World War II.2 This escalated use akeady has caused water shortages in some parts of the East, and experts predict more widespread water supply pUKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reform have supplemented or replaced common law rules with some form of statutory water allocation system. Typically, these statutes establish a permit system administered by a state water resources agency These permit systems generally have worked well, but many of them have serious weaknesses. For examp Water Rights Legislation in the East- A Program for Reformle, water resources planning frequently IS not coordinated with administration of the permit system. Additionally, most individual permits are of relaWater Rights Legislation in the East- A Program for Reform
tively short duration, have no renewal guarantee, and leave permit holders’ rights uncertain during periods of water shortage. Uncertainty for long-teUKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reformiversity. The author wishes to thank the University of Kentucky College of Law for supporting the writing of this Article with a summer research grant.1Irrigation 18 a highly consumptive use; more than two-thirds of the water applied to crops generally IS lost through evaporation or transpiration. I Water Rights Legislation in the East- A Program for Reformn contrast, about 90% of the water diverted for industrial or municipal purposes ultimately returns to the watercourse. Marquis, Freeman & Heath, TileWater Rights Legislation in the East- A Program for Reform
Movement for New Water Rights Law in the Tennessee Valley States, 23 Tenn. L. Rev. 797, 800 (1955).2See generally F Moss, The Water Crisis (1967); J.UKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reform9, 209-11 (1971).3According to one estimate, by the end of this century, only three of the 18 federally designated water regions in the continental United States will be able to live comfortably with their water supplies. Is U.S. Running Out of Water?, U.S. News & World Rep., July 18, 1977, at 33.54 Water Rights Legislation in the East- A Program for Reform7548WILLIAM AND MARY LAW REVIEW[Vol. 24:547undermines confidence m the statutory allocation system, thereby discouraging capital investment. Finally,Water Rights Legislation in the East- A Program for Reform
most statutes have no explicit mechanism for reallocating water from less productive to more productive uses.This Article will examine permit systems UKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A Pro Water Rights Legislation in the East- A Program for Reformocation in the East, the Article describes the salient features of the permit systems that exist m fourteen eastern states. Finally, the Article discusses the principal deficiencies of these permit systems and suggests a number of legislative responses.Common Law Water RightsSurface WaterIn America, Water Rights Legislation in the East- A Program for Reform one of two major allocation systems—nparianism or prior appropriation—governs rights to surface waters. The riparian system generally is found m theWater Rights Legislation in the East- A Program for Reform
East, while the prior appropriation system prevails m the West.4 5UKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A ProUKnowledgeLaw Faculty Scholarly ArticlesUniversity of Kentucky□KnowledgeLaw Faculty PublicationsSummer 1983Water Rights Legislation in the East: A ProGọi ngay
Chat zalo
Facebook