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« The Human Right to Water: The Time Has Come | Main | Desalting Deep Brackish Ground Water »

Monday, 29 December 2008

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David Zetland

Hear hear! Two notes:

1) The price of water should rise and fall according to supply (wellhead, precip and snowpack).

2) The Public owns and uses, BUT some members of the public use more than others -- thus the need for scarcity charges.

Jeffrey McLarty

The price to tap oil sources is different, based on geography. We made a market for that...we trade rice, cotton, even weather futures. Sell it to the highest bidder, those bidders will waste less, innovate to reduce losses. In the end, there would be more to go around.

Chris Brooks

RE: justifying charging water rights holders for water use because the state owns the water...
Because water is characterized as a public resource either constitutionally or statutorily does not mean the state "owns" the resource. It means the "public" owns the resource but the state manages the resource on behalf of the public - i.e. the citizens of the state. This is the "public trust" notion often referred to in water law. I'm in favor of full pricing for water, which includes scarcity or commodity charges, but governments will find it difficult to charge members of the public for the right to use something the public owns.
I think it's necessary to distinguish between renewable and non-renewable water resources in this sense. Rights to renewable water (generally surface water) are usually paid for by permit fees, but not use fees, which seems correct. Rights to non-renewable water (i.e. groundwater) are often administered similarly - permit fees for water rights, especially where surface and groundwater are managed under the same legal regime, i.e. prior appropriation. But where the resource is non-renewable, implementation of fees based on amount used seems more reasonable. But again, where all water rights are managed under the same system, imposing different fees on different sources of water becomes problematic because of due process concerns and just general political difficulty. This runs entirely counter to common, scientific sense but that's the law for you.

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