The Definition of a Surface Water Right and Transferability

摘要: THE allocation of water through private markets has frequently been challenged because property rights to are deemed be ill defined.' Historically both surface and ground in most the arid regions western United States have developed under appropriative doctrine.2 Although recent literature on transfer concurs with Milliman3 that system is more flexible as regards transfers it provides greater security than riparian doctrine, criticism nonetheless abounded. For instance, externalities resulting from ill-defined viewed arising can used reused along a river basin. Transfer by one individual affect return flow available others. To prevent damage third parties, earlier writers this subject such Meyers Posner called for establishing flows.4