The Role of Prior Appropriation in Allocating Water Resources into the 21st Century

This article demonstrates how widespread technological changes in agriculture have weakened the security of traditional appropriative water rights. Since legal protection of these rights has severely restricted the use of transfer mechanisms to reallocate water to emerging social needs, this demonstration provides a powerful and novel argument for increasing the flexibility of the prior appropriation system and operating it in conjunction with other legitimate water-allocation doctrines protecting public interests in water.