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Interstate Water Conflicts and Individual Rights
This study addresses the right of individuals to participate in equitable apportionment actions in the United States Supreme Court involving the allocation of interstate water resources. Given the scope of the parens patriae doctrine, the state represents the interests of all of the state's citizens. This limits the role of individuals to that of amicus curiae (“friend of the court”). Furthermore, any allocation of interstate water resources is likely to be a mass allocation to the state parties to the litigation. Such an allocation may not be sufficient to fulfill all of the demands for water in the respective states. Finally, after noting that individual water rights are “incomplete” forms of property rights that derive from the rights of the state, the study concludes that it may be in the best interest of individual water users to attempt to resolve interstate water conflicts by means other than litigation in the Supreme Court.
Interstate Water Conflicts and Individual Rights
This study addresses the right of individuals to participate in equitable apportionment actions in the United States Supreme Court involving the allocation of interstate water resources. Given the scope of the parens patriae doctrine, the state represents the interests of all of the state's citizens. This limits the role of individuals to that of amicus curiae (“friend of the court”). Furthermore, any allocation of interstate water resources is likely to be a mass allocation to the state parties to the litigation. Such an allocation may not be sufficient to fulfill all of the demands for water in the respective states. Finally, after noting that individual water rights are “incomplete” forms of property rights that derive from the rights of the state, the study concludes that it may be in the best interest of individual water users to attempt to resolve interstate water conflicts by means other than litigation in the Supreme Court.
Interstate Water Conflicts and Individual Rights
Sherk, George William (author)
Water International ; 25 ; 519-525
2000-12-01
7 pages
Article (Journal)
Electronic Resource
Unknown
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