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<br />Water markets can mean an end to water shortages <br /> <br />age 21 of27 <br /> <br />environmental and fiscal constraints. But if progress <br />toward greater reliance on markets continues, water <br />supplies and efficiency will increase as users trade <br />with one another, and consumption will be tamed <br />by higher prices. ; <br /> <br />Today in the western United States, water rights <br />have come full circle. From private property rights <br />freely transferable like any other property on the <br />western frontier, they became public rights <br />governed by legislatures and courts. Now they are <br />becoming tradable property rights once again. <br />States and the federal government, recognizing the <br />practicality of markets for reallocating water, are <br />taking steps to liberate water rights from <br />burdensome rules and regulations. Although the <br />"water is public" and "water is unique" paradigms <br />remain strong, irrigators, environmentalists, urban <br />dwellers, and other water users are overcoming <br />obstacles to markets with innovative arrangements <br />involving voluntary transactions. <br /> <br />Notes <br /> <br />1. An acre-foot is the amount of water necessary to <br />cover an acre of land one foot deep, approximately <br />326,000 gallons. <br /> <br />2. Today all ten states have either repealed these <br />bans or riddled them with exceptions (Thompson <br />1996,3). <br /> <br />3. Colorado River Water Conservation District v. <br />Rocky Mountain Power Company, 406 Pacific <br />Reporter 2d 798, 800 (1965). <br /> <br />4. The law, Mont. Code Ann. 85-2-104, was <br />repealed in 1985, most likely in response to <br />Sporhase v. Nebraska ex rei, Douglas, 458 U.S. <br />941, 102 S.Ct. 3456, 73 L.Ed.2d 1254 (1982), in <br />which the United States Supreme Court held that <br />the Commerce Clause generally prohibits states <br />from discriminating against other states in their <br />water allocation. <br /> <br />5.207 U.S. 564, 28 S.Ct. 207, 52 L.Ed. 340 (1908). <br /> <br />6. The irrigation subsidy provided by the federal <br /> <br />http://www . perc.orglpublications/policyseries/priming_ full. php ?s=2 <br /> <br />9/1212006 <br />