Transboundary Diversions, Water Law and Property Rights

by George William Sherk, (A.M.ASCE),

Document Type: Proceeding Paper

Part of: North American Water and Environment Congress & Destructive Water


Meeting water supply needs associated with population growth will require the increasing use of transboundary diversions of water. To regulate and control these diversions, both eastern and western states have imposed conditions that must be met before the diversion will be allowed. These conditions, though they restrict the exercise of property rights, do not raise compensable taking claims because of the limited nature of rights to the use of water and the Constitutional authority of the states.

Subject Headings: Water rights | Water policy | Transboundary water | Spillways | Water supply | Population projection | Claims | Water use

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