PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

A Member of the Law Professor Blogs Network

Thursday, March 22, 2012

Saxer on Managing Water Rights

Shelley Saxer (Pepperdine) has posted Managing Water Rights Using Fishing Rights as a Model (Marquette Law Review) on SSRN.  Here's the abstract:

This Article addresses the need to view water rights as licenses subject to government revocation, without just compensation, in the same way that fishing rights are viewed as licenses subject to government management. It focuses specifically on the methods used to address water resource allocation in the Sacramento-San Joaquin River Delta in California, and on fish allocation issues in the Pacific Northwest. It explores property rights in water and fish, particularly in regard to Fifth Amendment takings challenges when government regulations diminish water rights and fishing rights. The Article concludes by recognizing that both water and fish resources should be managed as ecosystems and governed by the public trust doctrine, and rejecting private property rights in either fish or water as a violation of the public trust doctrine, in which public resources are given away to private interests.

Steve Clowney

http://lawprofessors.typepad.com/property/2012/03/saxer-on-managing-water-rights.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0163031f0416970d

Listed below are links to weblogs that reference Saxer on Managing Water Rights:

Comments

Post a comment