PropertyProf Blog

ALPS 2016: Next Year in Belfast

I've just returned from the annual meeting of the Association of Law Property and Society (ALPS) at the University of Georgia (check out the new and improved website).  As usual, it was terrific: great papers, warm fellowship, and an invigorating mix of American and international scholars.

For those of you that couldn't make it this year, the board announced that next year's conference will take place on May 20-21 at Queen's University in Belfast, Northern Ireland.  Save the Date.  And start looking under the couch cushions for travel money.

Benson on Protecting River Flows

Reed Benson (New Mexico) has posted Protecting River Flows for Fun and Profit: Colorado's Unique Water Rights for Whitewater Parks (Ecology Law Quarterly) on SSRN.  Here's the abstract:

Since 2001, Colorado has recognized a special type of water right for whitewater parks, which are designed and constructed within a river channel to provide play features for kayakers and other boaters. These water rights, called recreational in-channel diversions or RICDs, are unique to Colorado, even though whitewater parks exist in several western states. This article addresses some of the underlying reasons why RICDs got established in Colorado, and traces the controversy surrounding their recognition by that state’s courts and legislature. Over the last decade, however, the controversy has largely died away, and whitewater park rights have now become an accepted part of Colorado water law. This article reviews these developments, examines the policy choices made by the legislature in enacting two different statutes on RICDs, and offers concluding observations regarding Colorado’s experience with whitewater park water rights.