History 4110

Issues Paper : Water in the West

 

Most Western states have developed water codes which rely on principles of prior appropriation. You will be assigned a Western state. Describe its legal mechanism for appropriation of water, including such points as who makes the appropriation, what (if any) "beneficial uses" are recognized, whether or not the right is tied to the land, etc. Based on your reading of the specific water code, what interest groups, if any, have had the greatest influence over the state's water, how conducive was the code to spurring economic development, how sensitive was it to protecting the environment?

 

Indian water rights.  See John Shurts, Indian Reserved Water Rights: The Winters Doctrine and its Social and Legal Context, 1880s-1930s.

Ogallala formation. See John Opie, Ogallala: Water for a Dry Land.

Nebraska .  Opie (above) is one possible source, but a number of articles relating to the subject may be found in Nebraska History.

Colorado. See, for instance, Dan Tyler, Last Water Hole in the West.

Western water, generally, and technology. See Donald Worster, Rivers of Empire. Montana (see Brian Shovers, “Diversions, Ditches and District Courts,” Montana: Magazine of Western History, Spring 2005).

New Mexico. Useful may be Jose Rivera, Acequia Culture: Water, Land, and Community in the Southwest.

Carey Act,

California, specifically Los Angeles.  See Margaret Leslie Davis, Rivers in the Desert: William Mulholland and the Inventing of Los Angeles.

John Wesley Powell.  See Donald Worster, River Running West: The Life of John Wesley Powell

Elwood Mead.  See James Kluger, Turning on Water with a Shovel: The Career of Elwood Mead.

Los Angeles Aqueduct. See William Kahrl, Water and Power

California. See Norris Hundley, The Great Thirst: Californians and Water.

Wyoming. See various articles in Land and Water Law Review

Utah

Idaho

Arizona