All of the case studies presented show a unique mixture of issues stemming from property rights, public goods, externalities, interjurisdictional spillovers and a fantastic illustration of Coase Theorem and Hardin’s Tragedy of the Commons. Water usage and rights are a pertinent and urgently growing issue that often pits economic development, sustenance and environmental health externalities at odds with each other. Water is needed to sustain life and ecosystems and property/jurisdictional rights regarding bodies of water are hard to distinguish. Uniquely the Delaware and Maryland cases had a longstanding royal charter or formal ownership of the water granted to them but they were still plagued with disputes and constant litigation …show more content…
Many of the cases had a slight element of the commons, the invasive species case showcases Chicago acting in its own best interest to keep up the leaky canals despite opening up the opportunity for the Great Lakes to be harmed. When the case went to court the Solicitor General suggested that letting the fish in could be harmful but this was speculative information and it may or may not occur now. Since this externality of Chicago’s water diversion for canals will likely occur a little further in the future, Chicago will continue to act in its own best interest and maximize use of the Great Lakes despite being Pareto inefficient and almost certainly causing negative externalities in the near future. The Tragedy of the Commons plays out classically in the case with Atlanta consuming substantial amounts water while Alabama and Florida complain of negative externalities such as droughts and the possible extinction of federally protected species as a direct result of their irresponsible consumption of water. While not as explicit as the cases mentioned above, all cases tend to fall prey to the Tragedy of the …show more content…
Tiebout claims that a consumer voter will choose a community to live in that satisfies their preference for public goods, and their choice to stay or go articulates their demand for a public good. This model has it limits i.e. its inability to be extrapolated to a federal level and the inability of the low income to articulate interest and satisfaction. Nonetheless it has shown to play out on a local level, as is seen in the article referencing Montgomery county. Those who work in Montgomery county ideally would like to live there, but due to the higher costs of public services chose to live in neighboring counties that they likely feel offers a preferable public service cost for similar services. The same consumer voter ideas is seen in the articles referencing age restricted 55+ communities. The adults that chose to move to these communities prefer public services catered to their selves as opposed to higher costs for community services that they do not utilize. All of the articles illustrate the need of state and local governments to provide public services and the tension between high expenditures and the need for acting in self or communal
In a recent opinion, the Kansas Court of Appeals addressed the meaning and status of Kansas water law. The case of Garetson Brothers v. American Warrior, Inc., 51 Kan. App. 2d 370 (2015), concerns a groundwater dispute between senior water users and junior water users in southwest Kansas. After filing a complaint against the junior users, the senior users sought an injunction to stop the pumping of groundwater. The District Court granted the injunction and the Court of Appeals affirmed their decision. The issues in the case concerned what the term impairment means in the context of water law and whether it is appropriate for a court to grant injunctive relief to a senior water user. The Court of Appeal’s decision upholds the principle
Palmer v. Mulligan (1805), resembled the case of Merritt v. Parker (1795), however with a different outcome. In Palmer v. Mulligan, Palmer was suing Mulligan to damages caused by his mill. Palmer’s mill burnt down and Mulligan built a new mill up river, so Palmer had to rebuild his mill further into the river in order to get enough water flow, this caused Parker to loose logs that were floating down river and he had to hire more labor to ensue this didn’t happen. Since Mulligan’s mill was upriver trash from his mill was floating down river and hitting Palmer’s mill causing damage. The court found in favor of Mulligan saying that Palmer’s problems were his own because Mulligan was not altering the flow of the river in any way, and that the “injuries” to his mill were being caused by the natural flow of the river and it was nearly ‘slight inconveniences’. (Palmer v. Mulligan 3 Cai. R. 307; 1805 N.Y. Lexis 343). This case showed the shift in favor to competition and the idea that competition was a good thing. It also demonstrated that not all interference with property would have been compensated. The law shifted to favor competition over prior appropriation. The law shifted from “sic utere” to “salus populi” reflecting that the welfare of the people should be the supreme of the law. (Salyer). It was seen that the people
The positive aspects of ‘Lake’ Powell are few yet noteworthy. Glen Canyon Dam’s hydroelectric power-plant generates one thousand three hundred mega watts of electricity at full operation. That is enough power to supply three hundred fifty thousand homes. Glen Canyon Dam holds twenty seven million acre feet of water, which is equivalent to twice the Colorado River’s annual flow (Living Rivers: What about the hydroelectric loss?). One of the most valuable reasons for the dam to remain active is that “Lake Powell generates four hundred fifty five million dollars per year in tourist revenue, without this cash inflow, gas-and-motel towns . . . would undoubtedly wilt, and surrounding counties and states would lose a substantial tax base” (Farmer 185). These positive aspects are of no surprise considering they are the reason dams are built in the first place.
Policies are often put in place without regards for the effect it will have on other areas, people, or wildlife. Several examples of these unintended consequences are shown in the documentary Salmon: Running the Gauntlet, which explains the effects that human activity, dams, and attempts to repopulate the salmon species have been implemented and failed. With proper evaluation at the onset of a major project, these severe consequences may be avoided.
Maude Barlow’s “Water Incorporated: The Commodification of the World’s Water” gives a voice to a very real, but vastly unknown, issue: the privatization of water. I refer to it as vastly unknown because it wasn’t until this article that I was even aware such a power struggle existed. Barlow first introduces startling statistics, meant to grab the attention of its readers. Once she has your attention, she introduces the “new generation of trade and investment agreements.” (306)
Water has long been a controversy in countless places worldwide and Colorado is no exception. The water rights in Colorado involve different stages within the Prior Appropriation Law; the senior and junior water rights. Senior water rights are privileges that were the first to be issued on unappropriated streams in Colorado and are to be filled before the junior water right holders. Junior water rights are similar to senior water rights, but are filled after the senior water holders take their allotted amount (Wolfe Prior Appropriation Law). The water in Colorado is just that; Colorado’s water, owned by the people and restricted by the state. However, Colorado is required by law to send over 30 million acre – feet of water to seven western states (“Missouri River”). An acre – foot is “The quantity of water required to fill one acre with one foot of water and is equivalent to 43,560 cubic feet or 325,850 gallons” (“Missouri River”). The State enforces all water laws in Colorado even though they are not straightforward and are riddled with loopholes. These water laws came into effect “As early as 1879” (Hundley, Jr. 53). In the laws, there are even more constraints and idiosyncrasies including; owning ground water, owning surface water, senior rights and junior rights, and the use and reuse of rainwater or graywater. Water users in Colorado need to familiarize themselves with the laws and regulations involving water in order to receive the allotted water and the reasoning behind that number.
Texas, with its abundances of natural resources, is facing a new demon, one that doesn’t even seem possible, a shortage of water. Water, without it nothing can survive. Texas is the second largest state for landmass in the nation and ninth for water square miles. Within the borders of Texas are more than 100 lakes, 14 major rivers, and 23 aquifers, so why has water become such an important issue for the state? Politicians and conservationists all agree that without a new working water plan, the state could be facing one of the most damaging environmental disasters they have ever seen. The issues that shape the states positions are population growth, current drought conditions, and who actually owns the water.
Wade “The Management of Common Property Resources: Finding a Cooperative Solution propose that collective action is the most effective solution to the tragedy of commons. Moreover, it is cheaper than government intervention and privatization but will it work? Many argued that it is not possible for ind...
Water is essential to life. By being so important it is crucial to keep it maintained and preserved. Our water supply is affected by environmental, economic, and legal issues. In Oklahoma water is very sacred to its people especially to Native Americans. Both Choctaw and Chickasaw nations are suing the state of Oklahoma for the regulatory authority over Sardis Lake and the water resources it holds. The Choctaw and Chickasaw nations deserve the rights over Sardis Lake because it is their main water supply and they own the rights through the treaty of the Dancing Rabbit Creek of 1830.
“How can you buy or sell the sky-the warmth of the land? The idea is strange to us. Yet we do not own the freshness of air or the sparkle of the water. How can you buy them from us? We will decide in our time” (Chief Seattle: 1855). In the Documentary “Flow – for the love of water” it visualizes the global crisis we face on Mother’s Earth as it pertains to the diminishing of fresh water. The Documentary portrays along with the help of experts that this global crises is affecting each and every one of us in today’s society including animals. The film shows us that water is constantly being wasted, polluted, and privatized by big co operations. Prime examples of these greedy companies were mentioned in the film such as Nestle, Thames, Suez, Vivendi, Coca Cola and Pepsi.
Wick, K. & Bulte, E. (2006). Contesting Resources - Rent Seeking, Conflict and the Natural Resource Curse. Public Choice, 128, 457–476.
Drinking water is essential and indispensable to life itself possible on the face of the earth, it is much more than a well, a resource, a commodity, drinking water is specifically a human right of first order and an element essential national sovereignty itself and, most likely, whoever controls the water control the economy and life in the not so distant future.
"Water Pollution." Current Issues: Macmillan Social Science Library. Detroit: Gale, 2010. Opposing Viewpoints in Context. Web. 5 May 2014.
The state’s common pool resource was and still continues to be water. This delicate resource in the American west is in danger of disappearing, and for the millions of people living in large cities are desperate to continue to use it. But the issue of common pool resources is not one that is recent but is one that has been plaguing California since its founding. When California’s population started to grow around the turn of the twentieth century, the town official within the state started to run into some common pool resource issues, water. Cities, such as San Francisco and Los Angeles, used whatever power they had to own and control what little water the California environment produced. The cities are large and successful municipalities today because of what they had to do to control the water all those years ago. The city used tactics, such as buying out the land, petitioning the government, and, sometimes, illegal actions, to win the waters of California and their success back then highly shows in their success
One main causes of water scarcity is water mismanagement worldwide. Water mismanagement has become a crisis of governance that will impact heavily ...