Thursday, July 15, 2010
Shelley Ross Saxer (Pepperdine) has posted The Fluid Nature of Property Rights in Water on SSRN. Pun presumably intended. Here's the abstract:
In this article, Professor Saxer discusses how the understanding of private and public rights in water influences the efficient allocation of this essential resource. Property rights to surface water, ground water, and rain water are explored and evaluated using the traditional comparison to the land-based “bundle of rights” metaphor. However, Professor Saxer concludes that this metaphor is inappropriate when applied to a resource such as water, which is constantly changing in form, quantity, and location and is difficult to exclusively possess. Rather, she argues that water rights should be viewed as a communal resource subject to state ownership under the public trust doctrine, with private rights allocated through government contracts granting revocable licenses to use.
[Comments are held for approval, so there will be some delay in posting]