A Vital Explanation of Water Law and Policy
Because demand for and access to quality water far exceeds the current supply, it is increasingly critical to understand the state and federal laws and policies that govern water rights. From farming, fishing, and biology to manufacturing, mine operation, and public water supply, water regulation affects all strata of society.
Determining U.S. Water Rights: Different Systems for Different Needs
United States Water Law: An Introduction is a concise overview of law and policy related to U.S. water rights and regulation of water quantity and quality. This wide-ranging book reviews the two major systems used to determine rights in the western and eastern states. It explores these different systems, which are based on the divergent factors affecting the two regions – the immense amount of government-owned property and arid conditions in the west, and ownership of riparian land in the east. The author also covers western states that adhere to the "hybrid" system, which recognizes early riparian rights predating adoption of later appropriation systems, and he explains that most states recognize at least some riparian rights to the use of surface water. Special sections detail regulatory considerations such as Native American rights, environmental regulation, nuisance and tort law, and social theory.
Tools to Aid Further Research
To elucidate basic principles and differences in water law, this book contains Internet links to state water codes and contact information for regulatory agencies that handle applications. It presents key federal case law and statutes and other features to reinforce the material. For law practitioners and environmentalists to property/business owners acquiring or retaining water rights, this is the ideal primer on water law, with numerous tools to aid in further research.
Introduction. The Division of Authority between Federal and State Governments. Allocation of Interstate Water Rights. Public Rights to Use Surface Waters. Water Ownership. Water Supply and Uses. Riparian Rights. Prior Appropriation. Ground Water. Native American Rights. Environmental Regulation. Nuisance and Tort Law. Social Theory. Louisiana & Hawaii Water Law. The Future of Water Resources in the United States. Water Corporations. Reclamation.
Western States Water Systems and Fees. Clasification of Water Bodies and Types of Precipitation. Prominent Federal Agencies Dealing With United States Waters. Appendices. Index. Table of Cases. Table of Statutes.