lightly, on 28 January 2013 - 11:39 PM, said:
Water rights being monopolized by a few cooperative giants is a worrisome thing . So is the simultaneous trend to make water a Publicly "owned' and Managed resource .. because it will be a short step to "PRIVATIZATION" from there.
Before anyone can monopolize water rights, somebody has to sell them those rights. Of course, if you offer enough cash...
In the western US, water rights are already private and have always been so. I used to be a forester. On one of the properties I managed (State Section near Ward, Colorado), there was a small diversion dam. Years ago, it was blown up in a water war. The case eventually went to the Supreme Court that ruled that a water owner had the right to divert his water from one drainage to another.
Some "private" rights are actually owned by public entities, like the City of Denver, City of Los Angeles and in some cases, the US government. From a legal standpoint, they are like any other private owner, with the same rights and responsibilites (except, they don't pay property tax on the water rights.).
The City of Denver bought up water rights to South Park. That used to be a farming area. But with the water going to Denver, it has converted to ranching. Denver has a serious water crisis. People in that area are taking out thirty-year mortgages in areas that will run out of water before they pay off the mortgage (And the banks are writing those mortgages!). Home National Bank went bankrupt already because of that. I'd call that a failure to practice due diligence on everybody's part.
T. Boone Pickes' attempt at building a pipeline so he could send Ogalala water to Texas failed when the court ruled that his "city" was, in fact, not a city at all, but a legal subterfuge he had created so he could use iminent domain to condemn a right-of-way. The case was not about water law, but rather about what constitutes a "city."
Doug
If I have seen farther than other men, it is because I stood on the shoulders of giants. --Albert Einstein
Do not meddle in the affairs of dragons for thou art crunchy and go good with ketchup.