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- Title
Property Without Possession.
- Authors
Johnson, Nicole L.
- Abstract
The article examines the definition of water rights in western water law and inquires the relationship between that definition and the inefficiencies of the current doctrinal regime, as well as the inability of the current system to accommodate increasingly valued instream uses. It flushes out a theoretical framework for analyzing the compositional choices of property right regimes, from usufructory to quantity measured rights. It then applies the framework to western water law and challenges the traditional conception of appropriate water rights. Moreover, the article addresses the consequences of the usufructory nature of appropriate water rights for instream uses.
- Subjects
WATER rights; WATER laws; PROPERTY rights; INSTREAM flow; RIPARIAN rights; CIVIL rights; USUFRUCT; REAL property; STREAMFLOW
- Publication
Yale Journal on Regulation, 2007, Vol 24, Issue 2, p205
- ISSN
0741-9457
- Publication type
Article