Abstract

http://ssrn.com/abstract=874792
 
 

Citations (1)



 
 

Footnotes (165)



 


 



A Conversation About Takings and Water Rights


John D. Leshy


University of California Hastings College of the Law


Texas Law Review, Vol. 83, No. 7, pp. 1985-2026, June 2005

Abstract:     
Dramatis Personae (in order of appearance):

Faith is a farmer in California who receives water from a project operated by the Bureau of Reclamation (BOR), an agency of the U.S. government. Her 320-acre farm was established by her parents 40 years ago, on arid land they bought in anticipation of the federal government's building that water project to capture, store, and deliver water to irrigate the farm and others like it. For most of the last four decades, in years of normal and wet precipitation, Faith has received 1600 acre-feet of water to irrigate cotton. In drought years, she has received less, and in a couple of extremely dry years she has received no water. Over the most recent several years, however, the government has taken steps, mandated by a suite of federal and state laws (most prominently, the federal Endangered Species Act), to restore some semblance of aquatic health to the river system that supplies water to Faith and other farmers. These steps have led the BOR to interrupt delivery of water to Faith more often than previously in years of less-than-normal precipitation. Faith has filed a claim for compensation. This conversation assumes that Faith can claim a legal interest in a surface water right under the California state law of prior appropriation for the water used to irrigate her farmland.

Frank is a government lawyer representing the project that delivers water to Faith.

Rodger is Faith's lawyer.

Number of Pages in PDF File: 42

Keywords: water

Accepted Paper Series


Download This Paper

Date posted: January 11, 2006  

Suggested Citation

Leshy, John D., A Conversation About Takings and Water Rights. Texas Law Review, Vol. 83, No. 7, pp. 1985-2026, June 2005. Available at SSRN: http://ssrn.com/abstract=874792

Contact Information

John D. Leshy (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-565-4726 (Phone)
HOME PAGE: http://www.uchastings.edu/?pid=1518

Feedback to SSRN


Paper statistics
Abstract Views: 1,169
Downloads: 169
Download Rank: 101,300
Citations:  1
Footnotes:  165

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.454 seconds