Pinchot, Property Rights, and Western Water: A Reply to Greg Hobbs

Abstract

This is a brief reply to a debate between Greg Hobbs (now a justice of the Colorado Supreme Court) on water law reform. The reply claims that Hobbs' mischaracterized the Long's Peak recommendations (the product of a group of some 30 national experts) and erroneously invoked the legacy of Gifford Pinchot.

The reply explains that Pinchot's concept of multiple use was not simply a call for development of water resources but a prescription for a federal anti-monopoly role. The reply also emphasizes that nuisance law cabins water rights, that there is an appropriate federal role in streamflow protection, and argues that Pinchot would endorse both propositions.

Keywords: water law, natural resources law

JEL Classification: K12, K32