Why Access to Water Rights Was Never a 'Right': Historical Perspectives on American Water Law

Williamette Journal of International Law and Dispute Resolution, Vol. 18, p. 168, 2010 (2013)

Albany Law School Research Paper No. 3 of 2013-2014

19 Pages Posted: 6 May 2013 Last revised: 29 Aug 2013

See all articles by Paul Finkelman

Paul Finkelman

Gratz College; Albany Law School - Government Law Center

Date Written: Acutally Published 2013,

Abstract

This article, from a symposium on water rights, explains how the history of access to water in England and early America, makes it difficult (but not impossible) to develop a “right” to water under traditional Anglo-American common law. This article ties physical geography – including the amazing abundance of water in the eastern part of the United States, with common law developments. The article also considers, briefly, that right of access to water for religious purposes and access to water under Indian law. Despite its “2010” publication date, this article was actually published in 2013.

Keywords: Water Rights, Access to Water, England, Early America

Suggested Citation

Finkelman, Paul, Why Access to Water Rights Was Never a 'Right': Historical Perspectives on American Water Law (Acutally Published 2013,). Williamette Journal of International Law and Dispute Resolution, Vol. 18, p. 168, 2010 (2013); Albany Law School Research Paper No. 3 of 2013-2014. Available at SSRN: https://ssrn.com/abstract=2259749

Paul Finkelman (Contact Author)

Gratz College ( email )

7605 Old York Road
Melrose Park, PA 19027
United States

Albany Law School - Government Law Center

80 New Scotland Avenue
Albany, NY 12208
United States

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