Oregon Law Review : Vol. 80, No. 3, p. 861-946 : Lessons from the Development of Western Water Law for Emerging Water Markets: Common Law vs. Central Planning
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Date
2001
Authors
Morriss, Andrew P. 1960-
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
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.
Description
86 p.
Keywords
Citation
80 Or. L. Rev. 861 (2001)