explains how the history of access to water in England and early America makes it difficult (but not impossible) to develop a “right” to water under traditional Anglo-American common law. This article ties physical geography – including the amazing abundance of water in the eastern part of the United States, with common law developments. The article also considers, briefly, that right of access to water for religious purposes and access to water under [American] Indian law.
Wednesday, June 19, 2013
Why Water Rights Was Never a 'Right'
Paul Finkelman has posted to SSRN "Why Water Rights Was Never a 'Right': Historical Perspectives on American Water Law". As the abstract explains, the article