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<br /> <br />Fall 1997] <br /> <br />BIBLIOGRAPHY <br /> <br />901 <br /> <br />2. Institutional Considerations <br /> <br />Public and private water institutions are an integral part of the appropriation doctrine and <br />today control and distribute most of the surface water in the western states. While the prior <br />appropriation doctrine establishes the allocation rules, institutions supply the water. Because oftheir <br />pivotal development and supply role, institutional arrangements can facilitate or impede transfers. <br />Any analysis of water transfers restrictions must consider these water brokers. <br /> <br />Steven Clyde, Legal and Institutional Barriers to Transfers and Reallocation of Water Resources, <br />29 S.D. L. REv. 232 (1984). <br /> <br />Charles Dumars, The State as a Participant in Water Markets: Appropriate Roles for Congress and <br />the Courts, 21 WATER RESOURCES RES. 1771 (1985). <br /> <br />M. Gisser & R. Johnson, Institutional Restrictions on the Transfer of Water <br />Rights and the Survival of an Agency, in WATER RIGHTS: SCARCE RESOURCES <br />ALLOCATION, BUREAUCRACY AND THE ENVIRONMENT 137-66 (T. Andersoned., 1983). <br /> <br />Richard Howitt, Empirical Analysis of Water Market Institutions: The 1991 California Water <br />Market, 16 RESOURCE & ENERGY ECON. 357(1994). <br /> <br />N. THORSON, ANALYSIS OF LEGAL AND INSTITUTIONAL ARRANGEMENTS <br />AFFECTING WATER ALLOCATION AND USE IN NEBRASKA (July, 1982) <br />(University of Nebraska Water Resources Center). <br /> <br />Barton Thompson, Institutional Perspectives on Water Policy and Markets, 81 CAL. L. REV. 671 <br />(1993). <br /> <br />VII. PUBLIC INTEREST CONSIDERATIONS-THIRD PARTY <br />IMPACTS <br /> <br />Since water supports a wide range of private and public uses, water transfers are not simple <br />transactions between buyers and sellers. Indeed, water transfer can cause a variety of adverse <br />economic, social and environmental impacts on the public and third parties. Existing laws, <br />procedures and institutions may not fully protect the public from these impacts. For example, if <br />agricultural land is taken out of production to transfer water to urban areas negative economic and <br />social impacts can <br />occur in the rural area. These may include reductions in farm income, dislocation of farm workers, <br />decreases in property tax revenues, a shrinking local tax base and decline in local services. These <br />negative impacts mayor may not be offset by similar gains in the urban area. <br />The literature on third-party impacts is mostly conceptual. Recent studies indicate that most <br />states subject transfers to public interest reviews but the statutes vary considerably regarding specific <br />criteria used and the weight accorded to each criteria. While some protection exists in these reviews <br />serious questions arise as to the scope of protected interests, the extent of protection and how it <br />should be provided. <br /> <br />BAY AREA ECONOMIC FORUM, WATER MARKETING N CALIFORNIA: RESOLVING <br />THIRD-PARTY IMPACT ISSUES, SAN FRANCISCO (1993). <br />