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Last modified
7/14/2011 11:25:45 AM
Creation date
1/18/2008 1:05:22 PM
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Publications
Year
1997
Title
A Bibliographic Pathfinder on Water Marketing
CWCB Section
Administration
Author
Ronald A Kaiser
Description
A Bibliographic Pathfinder on Water Marketing
Publications - Doc Type
Other
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<br /> <br />Fall 1997] <br /> <br />BIBLIOGAPHY <br /> <br />899 <br /> <br />Richard Hamsberger, et aI., Interstate Transfers of Water: State Options after Sporhase. 70 <br />NEB. L. REv. 754 (1991). <br /> <br />Charles Howe, Economic, Legal, and Hydrologic Dimensions of Potential Interstate Water <br />Markets, AM. J. AGRIC. EcoN. 1226 (December, 1985). <br /> <br />Ann Berkley Rodgers, The Limits of State Activity in the Interstate Water Market, 21 LAND & <br />WATER L. REV. 357 (1986). <br /> <br />G. SHERK, CONTROLS OVER INTERSTATE TRANSFERS OF GROUND WATER POST- <br />SPORHASE: STATE AND FEDERAL OPTIONS 187-93 (1984) (Proceedings of National <br />Water Well Association Western Regional Conference on Groundwater Management, <br />Worthington, Ohio). <br /> <br />Barton Thompson, Interstate Transfers: Sporhase. Compacts, and Free Markets, in A.L.l.-A.B.A. <br />COURSE OF STUDY: WESTERN WATER LAW IN THE AGE OF REALLOCATION 79 (March <br />II, 1991) (Cosponsored by the University of Arizona College of Law). <br /> <br />VI. LEGAL AND INSTITUTIONAL CONSIDERATIONS IN <br />WATER TRANSFERS <br /> <br />A water right acquired under the prior appropriation doctrine is a vested property right <br />entitled to protection against interference from other water users. The ability of an appropriator to <br />transfer the legal priority to use a quantity of water is a valuable property right recognized by all <br />appropriation states. This transfer right is not absolute but is qualified. The transfer may not injure <br />other water rights holders. The "no injury rule" is the only universal restriction on transfers. <br /> <br />1. Legal Considerations <br /> <br />Some states have imposed additional restrictions on transfers. One is the area-of-origin <br />restriction that limits the transfer of water between watershed within the state. Unlike the "no injury <br />rule," interbasin transfer restrictions are intended to safeguard the needs of communities and regions <br />and not just those of other water users. State restrictions designed to discriminate against out-of-state <br />transfers are constitutionally suspect as impermissible burdens on interstate commerce. <br />A more recent restriction on transfers is the public interest review. While the practice varies <br />from state to state, interest reviews require scrutiny of the transfer to protect public values and to <br />internalize the external cost associated with the transfer. This public interest rubric provides the basis <br />for evaluating third-party impacts associated with transfers. <br /> <br />Steven Clyde, Drafting Purchase and Sale Agreements Affecting Water Rights, 3 NAT. <br />RESOURCES & ENV'T 5(1988). <br /> <br />Steven Clyde, Adapting to the Changing Demandfor Water Use Through Continued Refinement of <br />the Prior Appropriation Doctrine: An Alternative Approach to Wholesale Reallocation, 29 NAT. <br />RESOURCES J. 435 (1989). <br /> <br />Bonnie Colby et aI., Procedural Aspects of State Water Law: Transferring Water Rights in the <br />Western States, 31 ARIZ. L. REV. 697 (1989). <br />
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