Water Resources Economics and Policy Midterm #1 Policies

Newlands Reclamation Act (1902)

Established the Bureau of Reclamation; led to the expansion of dams and canals; allowed for expanded agriculture

Prior Appropriation Doctrine

“First in time, first in right;” usufructory system; seniority; rights are quantified; beneficial use; forfeiture

Wyoming v. Colorado (1922)

Established Prior Appropriation Doctrine as an official system; Wyoming claimed they were there first and Colorado was harming their access to water

What is a usufructory system?

One where the state retains and owns the water, but the individuals have a right to use that water

Merritt v. Parker (1795)

Established that a landowner has a legal right against unreasonable interference in the natural flow of water (water use has to be reasonable)

The Daniel Ball (1870)

Established that anything is navigable if it is “navigable in fact” (using any customary watercraft mode of travel)

Riparian Doctrine

Property owners adjacent to a waterway; usufruct; no seniority; water use has to be reasonable relative to other riparian users (key aspects: navigable + reasonable use)

Colorado River Compact (1922)

First inter-state water agreement in the U.S.; divides the basin into an upper and lower basin, each allocated 7.5 maf

Equitable Apportionment

How the SCOTUS resolves interstate water disputes; balances sovereign interests and equities of each state to achieve maximum benefit with minimal injury

Who bears the burden of proof in equitable apportionment?

The complaining state must provide clear and convincing evidence of substantial injury

Kansas v. Colorado (1907)

Established that the SCOTUS can use the Doctrine of Equitable Apportionment to resolve interstate water disputes (vs. using one state’s system over the other)