All she wants is the rain water that lands on her roof
wildlifemanagementpro.com
wildlifemanagementpro.com
[Edit: this makes no sense. sorry. What I mean is that if 10% of water makes it to the dams, then for each litre I collect, only about 100mL would have make it into the water supply.]
This is a really interesting article. Tradable resource rights are often touted as a solution to environmental overuse but this is a good example of how they can go badly wrong.
(Of course, if those senior rights-holders are farmers, they "benefit" from the right in the sense that if they can block Holstrom from watering her organic garden, they shut down a competitor.)
People who use resources inefficiently eventually lose them to folks who don't.
Or, were you referring to national parks?
If ground water is something that is shared, then it does make sense to ban one from drilling a bore and extracting all of it even if one were to drill it in his property right?
I can understand the concern to preserve the water rights of the most senior people (okay, that's a lie, i think it's stupid, but i'll capitulate to the court's desire to preserve the system). But i just don't understand how this is either a slippery slope (oh! a pun!) to loss of water rights/usage, or how this could possibly materially effect other water usage.
So... yeah, i'm skeptical about the court's position.
(The answer is: she gets in legal trouble, and the issue goes to a real court, with the possibility of appeals. Will three judges really think she can't use the water that lands on her roof?)
Odds are, yes.
What other laws do you want judges to ignore? On what basis? What are the odds that they'll only ignore the laws that you think that they should?
(Courts decide facts, not laws.)