(University of Oregon School of Law, 2001) Morriss, Andrew P. 1960-
This Article examines the development of water law in the West and suggests reliance on a common law
rather than a central planning, regulatory regime. Part One describes the common law water rights system and its
development in the West. Part Two surveys how courts in Montana and Wyoming dealt with water law issues in the
nineteenth century. Part Three traces the development and spread of the “Wyoming System” of central planning for
water. Part Four compares the common law and central planning as devices for allocating water. Part Five concludes by
drawing lessons for modern water markets and other areas of environmental policy and for the development of water
markets from the common law experience with water rights.
