Advertisement

Water Markets in Colorado: Past Performance and Needed Changes

  • Charles W. Howe
Part of the Natural Resource Management and Policy book series (NRMP, volume 15)

Abstract

The evolution of water law provides a fascinating example of the responses of law to changing social and economic conditions. xcScott and Coustalin 1995 and xcMiller 1996 have provided the details of water law change from Roman times to the 20th century. The law of prior occupancy (an early version of the priority doctrine), wherein the earliest water users had first call on available water, was adopted in England from Roman Law. At the start of the industrial revolution, it became clear that these historical uses were preventing water access for the newer, more technical industries. To accommodate these needs, a “reasonable use” doctrine evolved, allowing new activities access as long as they did not “unreasonably” reduce availability for others or “unreasonably” degrade water quality. This was the “riparian doctrine” of English Common Law that was brought to the eastern U.S. by the English settlers. Until the post World War II period, the doctrine served these well-watered regions well enough, although “reasonable use” remained vague and ultimately had to be defined in court.

Keywords

Water User Water Transfer Return Flow Past Performance Irrigation District 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Preview

Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

References

  1. Falkenmark, Malin and Gunna Lindh, 1993. “Water and Economic Development,” in Peter H. Gleick (ed) Water in Crisis: A Guide to the World’s Fresh Water Resources, Oxford University Press, New York.Google Scholar
  2. Hartman, L. M. and Don Seastone, 1970. Water Transfers: Economic Efficiency and Alternative Institutions, The Johns Hopkins Press for Resources for the Future, Inc., Baltimore.Google Scholar
  3. Howe, Charles W. and K. William Easter, 1971. Interbasin Transfers of Water: Economic Issues and Impacts, The John Hopkins Press, Baltimore.Google Scholar
  4. Howe, Charles W., Paul K. Alexander, and Raphael J. Moses, 1982. “The Performance of Appropriative Water Rights Systems During Drought,” Natural Resources Journal, 22(2):379–389.Google Scholar
  5. Howe, Charles W., Dennis R. Schurmeier, and William D. Shaw, Jr., 1986. “Innovations in Water Management: Lessons from the Colorado-Big Thompson Project and Northern Colorado Water Conservancy District” in Kenneth D. Frederick (ed), Scarce Water and Institutional Change, Resources for the Future, Inc., Washington, D.C.Google Scholar
  6. Howe, Charles W. and W. Ashley Ahrens, 1988. “Water Resources of the Upper Colorado River Basin: Problems and Policy Alternatives,” Chapter 5 in Mohamed T. El-Ashry and Diana C. Gibbons (eds.) Water and Arid Lands of the Western United States, Cambridge University Press, New York.Google Scholar
  7. Howe, Charles W., Jeffery K. Lazo, and Kenneth R. Weber, 1990. “The Economic Impacts of Agriculture-to-Urban Water Transfers on the Area of Origin: A Case Study of the Arkansas River Valley in Colorado,” American Journal of Agricultural Economics, 72(5): 1200–1204.CrossRefGoogle Scholar
  8. Israel, Morris and Jay R. Lund, 1995. “Recent California Water Transfers: Implications for Water Management,” Natural Resources Journal, 35(1): 1–33.Google Scholar
  9. MacDonnell, Lawrence J. and Charles W. Howe, 1986. “Area-of-Origin Protection in Transbasin Water Diversions: An Evaluation of Alternative Approaches,” University of Colorado Law Review, 57(3):527–548.Google Scholar
  10. MacDonnell, Lawrence J., 1990. “The Water Transfer Process as a Management Option for Meeting Changing Water Demands,” Natural Resources Law Center, School of Law, University of Colorado, Boulder, Colorado.Google Scholar
  11. MacDonnell, Lawrence J., Charles W. Howe, Kathleen A. Miller, Teresa A. Rice, and Sarah F. Bates, 1994. “Water Banks in the West,” Natural Resources Law Center, School of Law, University of Colorado, Boulder, Colorado.Google Scholar
  12. McNally, Mary and Olen Paul Matthews, 1995. “Changing the Balance in Western Water Law? Montana’s Reservation System,” Natural Resources Journal, 35(3): 671–694.Google Scholar
  13. Michelsen, Ari M., 1994. “Administrative, Institutional and Structural Characteristics of an Active Water Market,” Water Resources Bulletin, 30(6):971–982.Google Scholar
  14. Miller, Kathleen A., 1996. “Property and Water: A Historical Analysis,” paper presented at the 7th Annual Meeting of the European Association of Environmental and Resource Economists, Lisbon, Portugal, June 27–29.Google Scholar
  15. Scott, Anthony and Georgina Coustalin, 1995. “The Evolution of Water Rights,” Natural Resources Journal, 35(4):821–980.Google Scholar
  16. U. S. Geological Survey, 1993. “Estimated Use of Water in the United States in 1990,” U. S. Geological Survey Circular 1081, U. S. Government Printing Office.Google Scholar

Copyright information

© Kluwer Academic Publishers 1998

Authors and Affiliations

  • Charles W. Howe
    • 1
  1. 1.Environment and Behavior Program, Institute of Behavioral ScienceUniversity of Colorado at BoulderBoulder

Personalised recommendations