Reallocation Impacts of Eastern Water‐Law Changes

Abstract

Water law typically evolves through several stages in response to changing demands. Changes are likely to result in reallocation among different interests that compete for water resources. Water law at a given time is not value‐neutral, but favors certain uses over others based on the prevailing values during its formative period. Because of the diffusion of values throughout a water‐allocation system, any change in the system is likely to effect a reallocation of the resource. Significant reallocations have occurred at different times during the history of the eastern states. Most recently, substitution of water‐use permitting programs for common‐law allocation systems has resulted in reallocation from certain types of landowners (such as riparian proprietors) to a broader cross section of society. These changes have strengthened the concept that water is a public resource while eroding the exclusive rights once associated with the ownership of certain property.