Western Water Rights and the U.S. Supreme Court

Western Water Rights and the U.S. Supreme Court PDF Author: James H. Davenport
Publisher: McFarland
ISBN: 1476641471
Category : History
Languages : en
Pages : 298

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Book Description
Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Western Water Rights and the U.S. Supreme Court

Western Water Rights and the U.S. Supreme Court PDF Author: James H. Davenport
Publisher: McFarland
ISBN: 1476641471
Category : History
Languages : en
Pages : 298

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Book Description
Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Western Water Rights and the U.S. Supreme Court

Western Water Rights and the U.S. Supreme Court PDF Author: James H. Davenport
Publisher: McFarland
ISBN: 1476681201
Category : History
Languages : en
Pages : 298

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Book Description
Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Water Rights Laws in the Nineteen Western States

Water Rights Laws in the Nineteen Western States PDF Author: Wells A. Hutchins
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774142
Category : Water rights
Languages : en
Pages : 2290

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Book Description
Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.

Water Rights in the Western States

Water Rights in the Western States PDF Author: Samuel Charles Wiel
Publisher:
ISBN:
Category : Riparian rights
Languages : en
Pages : 1040

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Book Description


Water Rights Laws in the Nineteen Western States

Water Rights Laws in the Nineteen Western States PDF Author: Wells Aleck Hutchins
Publisher:
ISBN:
Category : Water rights
Languages : en
Pages : 692

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Book Description


American Indian Water Rights and the Limits of Law

American Indian Water Rights and the Limits of Law PDF Author: Lloyd Burton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200

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Book Description
Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.

Digest of Certain Supreme Court Decisions Pertinent to the Proposed Western Water Rights Settlement Act (S. 863) and State-Federal Water Problems

Digest of Certain Supreme Court Decisions Pertinent to the Proposed Western Water Rights Settlement Act (S. 863) and State-Federal Water Problems PDF Author: United States. Department of the Interior. Office of the Solicitor
Publisher:
ISBN:
Category : Water
Languages : en
Pages : 104

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Book Description


Elements of Western Water Law

Elements of Western Water Law PDF Author: Albert Edward Chandler
Publisher:
ISBN:
Category : Irrigation laws
Languages : en
Pages : 176

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Book Description


State Water Law in the Development of the West

State Water Law in the Development of the West PDF Author: United States. National Resources Planning Board. Water Resources Committee
Publisher:
ISBN:
Category : Riparian rights
Languages : en
Pages : 164

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Book Description


Water Transfers in the West

Water Transfers in the West PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309045282
Category : Science
Languages : en
Pages : 321

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Book Description
The American West faces many challenges, but none is more important than the challenge of managing its water. This book examines the role that water transfers can play in allocating the region's scarce water resources. It focuses on the variety of third parties, including Native Americans, Hispanic communities, rural communities, and the environment, that can sometimes be harmed when water is moved. The committee presents recommendations to guide states, tribes, and federal agencies toward better regulation. Seven in-depth case studies are presented: Nevada's Carson-Truckee basin, the Colorado Front Range, northern New Mexico, Washington's Yakima River basin, central Arizona, and the Central and Imperial valleys in California. Water Transfers in the West presents background and current information on factors that have encouraged water transfers, typical types of transfers, and their potential negative effects. The book highlights the benefits that water transfers can bring but notes the need for more third-party representation in the processes used to evaluate planned transfers.