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AWWA JAW6658

M00001139

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AWWA JAW6658 Journal AWWA - East is West and West is West: Have the Twain Met?

Journal Article by American Water Works Association, 07/01/1982

Cahill, Thomas E.

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States whose water use laws are based on the riparian doctrine are increasingly aware of the limitations of the ancient common law. These states should consider some of the advantages of the prior appropriation doctrine used in the semiarid West. The development of the riparian doctrine coincided with the Industrial Revolution. As more and more industries found greater need for water the doctrine evolved. In the arid west the doctrine was not of very much use and the appropriation doctrine was established for this area. The water needs of the East and West are very different, but the doctrine can be applied to Eastern water supplies in the following areas: control of the initiation of water uses to protect public interests, including the preservation of living rivers and other environmental values; encouragement and protection of private investments consistent with those interests; limitation of new uses to those supplies of water available in nature and not committed to existing uses; and flexibility of use so that transfers can be made to new and better uses as demands and conditions change. Includes 15 references.