Law in Contemporary Society

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Prior Appropriation in an Uncertain West

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Water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of human rights. - The United Nations
 

Introduction

Water plays an especially crucial role in the development and sustainability of human life and industry in arid lands. Successful exploitation of limited water resources can enable life to thrive in dry conditions, but also exposes desert civilizations to potentially insurmountable problems if they fail to create sustainable mechanisms for its allocation. Despite severe droughts in the 1930s and 1950s, America has successfully developed its western desert over the past 150 years, using a flexible legal framework to meet the changing needs of the region. As the planet warms and traditional water sources become less predictable, however, states and the federal government must rethink current ownership and property notions to ensure continued access to water.

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