Adapting Appropriation Water Law to Accomodate Equitable Consideration of Instream Flow Uses

摘要

The increasing public interest in naturally flowing streams has fostered efforts to obtain their protection under existing state water laws. In this study, the water laws of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming were examined and compared with eachother, and against a set of salient criteria, to assess shortcomings in accommodating instream flow protections. It was determined that the appropriations system has the essential features of and embodies legal principles that should allow the accommodation of instream flow values but, at this point in time, purchase of existing rights or the exercise of governmental reservation/withdrawal/appropriation authorities seem to be the primary options.