The Law of Waters and Water Rights
Author | : Henry Philip Farnham |
Publisher | : |
Total Pages | : 1094 |
Release | : 1904 |
Genre | : Drainage laws |
ISBN | : |
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Author | : Henry Philip Farnham |
Publisher | : |
Total Pages | : 1094 |
Release | : 1904 |
Genre | : Drainage laws |
ISBN | : |
Author | : Henry Philip Farnham |
Publisher | : |
Total Pages | : 1030 |
Release | : 1904 |
Genre | : Drainage laws |
ISBN | : |
Author | : Joshua Getzler |
Publisher | : Oxford Studies in Modern Legal |
Total Pages | : 444 |
Release | : 2004 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780198265818 |
Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Author | : Eric P. Perramond |
Publisher | : Univ of California Press |
Total Pages | : 254 |
Release | : 2018-11-06 |
Genre | : Social Science |
ISBN | : 0520971124 |
In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.
Author | : Tom Hicks |
Publisher | : |
Total Pages | : 28 |
Release | : 2013-12-10 |
Genre | : Water |
ISBN | : 9781619480094 |
The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.
Author | : A. Dan Tarlock |
Publisher | : Thomson West |
Total Pages | : 1296 |
Release | : 1988 |
Genre | : Riparian rights |
ISBN | : |
Author | : Daniel McCool |
Publisher | : University of Arizona Press |
Total Pages | : 352 |
Release | : 2022-10-04 |
Genre | : History |
ISBN | : 081655000X |
Much has been written about legal questions surrounding Indian water rights; this book now places them in the political framework that also includes water development. McCool analyzes the two conflicting doctrines relating to water use—one based on federal case law governing the rights of Indians on reservations, the other sanctioned by legislation and applied to non-Indians—based on the "iron triangles" of bureaucrats, legislators, and interest groups that dominate policy issues. He examines the way federal and BIA water development programs have reacted to conflict, competition, and opportunity from the turn of the century to the 1980s and updates the situation in an introduction written for this edition.