Why Prior Appropriation Needs Equity
University of Denver Water Law Review, Vol. 18, No. 2, p. 348 (2015)
42 Pages Posted: 12 Sep 2023
Date Written: January 21, 2015
Abstract
The article shows that “equity” has multiple transformative meanings that make it vital in seminal and more recent water rights cases from Colorado, New Mexico, and California. The paper rejects the view that “equity” is narrow in its meanings and that equitable remedies and the prior appropriation water rights doctrine applicable in western states are dead or moribund. The paper’s core innovation is the identification of equitable remedies as key to the protection and endurance of water rights in the US.
Keywords: prior appropriation, water, natural resources, environment, remedies, equity, equitable justice, equitable apportionment, injunctions, conscience, morality, public trust doctrine
JEL Classification: K32, O13, Q25, D63
Suggested Citation: Suggested Citation