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Property rights/entitlements

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Inefficient Efficiency: Crying Over Spilled Water

As the drought in western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less waterdemanding crops and state-of-the-art irrigation systems. However, these...

Sink or Swim: Abrogating the Nile Treaties While Upholding the Rule of Law

A shocking 80% of the Nile’s water is consumed by one country: Egypt. The upstream riparian countries threaten to encroach on Egypt’s share of water as recordbreaking populations, droughts, and famines generate ever-greater need. Indeed...

The Water Marketing Solution

This Article suggests concrete solutions to promote the development of robust water markets. It begins with a review of water transfers in the western United States and historical water use patterns that help illuminate the problem. It...

Recognizing the Limits of Water Rights: Rejecting Takings Claims in <i>Klamath Irrigation District v. United States</i>

Editor's Summary: The Klamath Basin of southern Oregon and northern California is the setting of a water rights conflict that is about much more than just water. In this Article, Esther Westbrook examines a recent decision of the Court...