Property Rights Along the Watershed

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Property RightsAlong the Watershed

• Sarah Kendall Gault, Nathaniel Zev Goldman,
• and Amy Michelle Russ
• Oglethorpe University
• Atlanta, GA
• Honors 201 Ecology and Economy
• in the Chattahoochee River Watershed
• October 23, 2008

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Outline

• Major Problem
• 3 Guiding Questions
• Reasonable Use vs. Natural Flow
• Inadequacies with The System
• Tragedy of the Commons
• A Potential Solution
• Flaws of Markets
• Final Thoughts

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Major Problem

• While the overall supply of fresh water remains
  constant or declines, the demand increases
  exponentially with our growing society.

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3 Guiding Questions

• What is the current water law in Georgia?
• Would markets be such a bad things?
• And if not markets, how else can Georgia move its
  water law forward?

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Current Water Law in Georgia

• Georgias system seems to be a version of the
  natural flow theory of riparian rights doctrine
  as modified by a reasonable use
  provision. --Justice Harold Hill, Jr.

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Reasonable Use Theory

• Riparian owners have the right to the water to do
  with as they so choose under the stipulation that
  they act within reason.
• The water may be moved as long as it is not
  intended for a use that may harm another riparian
  owner.

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Natural Flow Theory

• Owners of the Riparian regions have the right to
  the water as it is naturally present as long as
  they do not disturb its natural course or remove
  the water from its original path.

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Reasonable Use TheoryandNatural Flow
TheoryCombinedA Direct Contradiction?
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Inadequacies of The System

• What is reasonable use?
• Court Definition
• Stewart v. Bridges
• Water for the Everglades
• Public Interest and Legal Uses
• Leads to a Tragedy of the Commons

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Tragedy of the Commons

• This comes about due to the knowledge that a
  non-renewable resource is diminishing at a rapid
  rate.
• Courts are reluctant to make rulings and set a
  precedent for future proceedings.

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A Potential Solution

• Public Property System
• Alleged Government Regulation
• Markets
• What are markets?
• Truly Private Property System

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3 Guiding Questions

• What is the current water law in Georgia?
• Would markets be such a bad things?
• And if not markets, how else can Georgia move its
  water law forward?

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Flaws of Markets

• Bad for Lower Class
• Negative Externalities - Third Party Issues
• Chattanooga purchase of TAWC downstream effects?
• City and County of Denver v. Fulton Irrigating
  Ditch Co.
• Regulation and Interstate Commerce

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Wateris the quintessential public good for
which markets simply do not work.
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3 Guiding Questions

• What is the current water law in Georgia?
• Would markets be such a bad things?
• And if not markets, how else can Georgia move its
  water law forward?

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Final Thoughts

• If not markets, what can be done with regard to
  Georgias water laws?
• How do national laws compare to those of Georgia
  statutes?
• On a national level, what could be done to
  improve water law?

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Resources

• Dellapenna, J. W. Georgia water law how to go
  forward now? Internet The Georgia Water
  Resources Conference 2005 April Cited 2008
  October 7. Available from http//www.uga.edu/wate
  r/GWRC/Papers/DellapennaJ20GWRC20paper20revised
  .pdf
• Environmental law online forum. Economics v.
  equity do market-based environmental reforms
  exacerbate environmental injustice? Internet
  Mercer University School of Law Cited 2008
  October 13. Available from http//www.law.mercer.
  edu/elaw/Economics.htm
• Kundell, J. E. Georgia water resources a
  comprehensive look. Internet The Georgia Water
  Resources Conference 2007 March Cited 2008
  October 13. Available from http//cms.ce.gatech.e
  du/gwri/uploads/proceedings/2007/0.1.pdf
• Melville, D. Whiskey is for drinkingrecent water
  law developments in Florida. Internet Florida
  State University School of Law Cited 2008
  October 13. Available from http//www.law.fsu.edu
  /Journals/landuse/vol20_2/Melville.pdf
• The Tennessee river-Atlanta diversion and Memphis
  sand aquifer case studies as water allocation
  controversies. Internet Cited 2008 October
  13. Available from http//eerc.ra.utk.edu/divisio
  ns/wrrc/water_supply/chapter5.htm

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