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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...

Coyote Lake Ranch, LLC v. City of Lubbock

The Texas Supreme Court held that the common-law "accommodation doctrine," which gives an oil-and-gas lessee an implied right to use the land as reasonably necessary to produce and remove the minerals as long as it exercises that right...

Spokane Entrepreneurial Center v. Spokane Moves to Amend the Constitution

The Washington Supreme Court held that a local initiative to create a "Community Bill of Rights" which, among other things, would give the Spokane River its own water rights, including the rights to sustainable recharge, sufficient...

West Side Irrigation District v. California State Water Resources Control Board

A California court held that revised "curtailment letters" that the state water board sent to irrigation districts and water appropriators in the Central Valley no longer violate due process, and therefore denied the districts' motions...

West Side Irrigation District v. California State Water Resources Control Board

A California court issued a temporary restraining order preventing the state water board from enforcing "curtailment letters" it sent to four irrigation districts in the Central Valley. The letters ordered the districts and various...

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...

Miccosukee Tribe of Indians of Florida v. United States

The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades. The tribe complained that the...

United States v. Orr Water Ditch Co.

A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights. A Native American tribe filed a petition challenging the decision, arguing that the ruling was against...

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...