Why Prior Appropriation Needs Equity

University of Denver Water Law Review, Vol. 18, No. 2, p. 348 (2015)

42 Pages Posted: 12 Sep 2023

See all articles by Duane Rudolph

Duane Rudolph

University of San Francisco School of Law

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

Rudolph, Duane, Why Prior Appropriation Needs Equity (January 21, 2015). University of Denver Water Law Review, Vol. 18, No. 2, p. 348 (2015), Available at SSRN: https://ssrn.com/abstract=2553056

Duane Rudolph (Contact Author)

University of San Francisco School of Law ( email )

United States
(415) 422-7722 (Phone)

HOME PAGE: http://https://www.usfca.edu/law/faculty/duane-rudolph

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