The Definition of a Surface Water Right and Transferability

  title={The Definition of a Surface Water Right and Transferability},
  author={Ronald N. Johnson and Micha Gisser and Michael von Werner},
  journal={The Journal of Law and Economics},
  pages={273 - 288}
THE allocation of water through private markets has frequently been challenged because property rights to water are deemed to be ill defined.' Historically water rights to both surface and ground water in most of the arid regions of the western United States have developed under the appropriative doctrine.2 Although most of the recent literature on water transfer and allocation concurs with Milliman3 that the appropriative system is more flexible as regards transfers and that it provides… 

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