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The Coase Theorem and Western U.S. Appropriative Water Rights

Natural Resources Journal, Vol. 45, No. 1, February 2005

41 Pages Posted: 3 May 2004  

C. Carter Ruml

Independent; Stanford University - Stanford Law Paper Requests; Princeton University - Department of Geosciences; Princeton University - Woodrow Wilson School of Public and International Affairs

Abstract

The Article analyzes the prior appropriation system in the Western U.S. as a compelling application of the Coase Theorem. In the overall prior appropriation system, few statutory transfers occur, but there are thriving transfer markets in the smaller-scale context of water districts. This suggests that the system at large is not at Coase Equilibrium, but that Equilibrium does prevail inside the water institutions. Institutions facilitate low transaction costs and secure property rights, and catalyze an iterative process that tends toward Coase Equilibrium. The Article makes policy recommendations regarding the formation of larger-scale water institutions to reduce deadweight losses by expanding the scope of Coase Equilibrium within the prior appropriation system.

Keywords: Coase Theorem, prior appropriation, water rights, waste, abandonment, forfeiture, historical use requirement, rivers, water institutions, irrigation districts, American West, Ellickson, Thompson, Coase, Howe

Suggested Citation

Ruml, C. Carter, The Coase Theorem and Western U.S. Appropriative Water Rights. Natural Resources Journal, Vol. 45, No. 1, February 2005. Available at SSRN: https://ssrn.com/abstract=539023

C. Carter Ruml (Contact Author)

Independent ( email )

No Address Available

Stanford University - Stanford Law Paper Requests

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Princeton University - Department of Geosciences

Guyot Hall, Washington Road
Princeton, NJ 08544-1003
United States

Princeton University - Woodrow Wilson School of Public and International Affairs

Princeton University
Princeton, NJ 08544-1021
United States

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