APPROPRIATIVE RIGHTS MODEL WATER CODE

Abstract

Appropriative Rights Model Water Code provides a model of a coherent body of law that can be utilized to improve existing water allocation laws. Appropriative rights takes its name from the legal requirement that water be “appropriated” and applied to a “beneficial use” in order for one to acquire the right to use it. Today, appropriative rights remain in the predominant body of law for the quantitative allocation of water in the 18 States west of Kansas City. This committee report originated from a detailed review of existing water allocation laws in these states.

A hydrologically-based legal framework that balances human and environmental needs, Appropriative Rights Model Water Code provides integrates the management of water quality and water quantity, and takes into consideration the appropriate social, economical, political, and administrative aspects of water management. This committee report is the first coherent and comprehensive model that legislatures can consider as a basis for creating a standardized water code for all the states. Notably, the book is presented in “menu” style, and can be used in whole or in part as deemed appropriate by a given legislature.