Why the Western United States' prior appropriation water rights system should weather climate variability

Abstract

For the past 160 years, the prior appropriation system of the Western United States has adapted to changing water uses and shifting societal priorities. This paper argues that prior appropriation creates sufficient certainty to allow for economic development and facilitate water markets, yet is flexible enough to adapt to changing priorities and water supplies. Because it possesses both flexibility and certainty, it is a strong enough framework for the Western United States to weather the possible effects of climate change on water supply.

Keywords:

• water rights
• climate change
• markets
• prior appropriation
• US West

Notes

1. California also has a riparian water right system that is not discussed here, as our focus is on the prior appropriation system.