This discussion of current issues in the area of water rights took place June 17, 1990, during AWWA's annual conference in Cincinnati, Ohio. Les Lampe. director of water resources engineering at Black & Veatch, 8400 Ward Parkway. Kansas City, MO 64114, served as panel moderator. Other participants were Gary R. Clark, chief of planning and research at the Illinois Division of Water Resources, 2300 South Dirksen Parkway, Springfield, IL 62764; Glen H. Fiedler, associate with Economic & Engineering Services Inc., Box 976. Olympia, WA 98507; Duane Georgeson, assistant general manager of the Metropolitan Water District of Southern California, 1111 Sunset Blvd., Los Angeles, CA 90054; and John D. Leshy, professor of law at Arizona State University's College of Law, Tempe, AZ 85287.
The evolution of ground‐water law in eight states in the Midwest (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) is examined, and a review of transitions in ground‐water doctrines is presented. Two underlying themes in changing ground‐water management are communicated. First, ground‐water law is evolving from private property rules of capture based on the absolute ownership doctrines to rules requiring conservation and sharing of ground water as a public resource. Second, in both courts and state legislatures, a proactive role of ground‐water management is emerging, again, with an emphasis on sharing. Both of these trends are apparent in the Midwest. In the last decade midwestern states have (1) seen significant shifts in court decisions on ground‐water use with greater recognition of the reciprocal or mutually dependent nature of ground‐water rights, and (2) seen increased legislative development of comprehensive ground‐water management statutes that emphasize the reciprocal liabilities of ground‐water use. These trends are examined and ground‐water management programs discussed for eight states in the Midwest.
Statutory and case law at the state level provide critical legal frameworks for water management. As many state governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their state water law. Most states have water laws that are disconnected and overlapping. This article presents a methodology to assess state water law and take first steps toward a comprehensive state water resources act. The methodology is driven by issues and conflicts in water management. It synthesizes management and legal analyses into a process that incorporates the diverse perspectives of state water stakeholders. The results of the analysis are identification of management issues, profiles of state water law, and explorations of legal options that are available to the state government. Illinois is provided as a case study for this methodology.
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