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Environmental & Natural Resources Law - Western Water Rights and the U.S. Supreme Court

Description

Book Synopsis: Exploring the little-known history behind the legal doctrine of prior appropriation—"first in time is first in right"—used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines—a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada, and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

Details

Discover the intriguing history of western water rights and the U.S. Supreme Court's role in shaping the allocation of this precious resource. Our latest book, "Western Water Rights and the U.S. Supreme Court," takes you on a captivating journey through the little-known legal doctrine of prior appropriation. You'll explore the pivotal Wyoming v. Colorado case of 1922, where former Chief Justice of Wyoming, Willis Van Devanter, delivered a controversial opinion that still influences water resource management today.

Unearth the hidden secrets behind this influential case. Our exhaustive research has unveiled the truth about Associate Justice Van Devanter's self-serving motivations and the political cronyism that played a part. You'll learn how his opinion, confirming the application of prior appropriation across state lines, not only sparked controversy but also led to the balkanization of interstate water systems. This resulted in the creation of the Colorado River Interstate Compact, involving seven western states.

Delve into this captivating narrative, expertly crafted with rich historical detail. We bring to light the eleven-year wait for publication, during which Van Devanter meticulously planned the delivery of his opinion. A moment he seized when his senior colleagues were conveniently absent or incapacitated, leaving no room for concurrence or dissent. Discover the extent of his influence in this pivotal case, all without the knowledge of his "brethren," except for his "loyal friend" Taft.

With its compelling insights into the murky world of legal decision-making and the lasting impacts on water resource management, "Western Water Rights and the U.S. Supreme Court" is a must-read for anyone interested in the history and politics of water distribution. Don't miss out on this fascinating exploration. Grab your copy now and immerse yourself in our meticulously researched account.

Get your copy of "Western Water Rights and the U.S. Supreme Court" today and dive into the captivating story behind the apportionment of water resources in the western United States.

Disclosure: I get commissions for purchases made through links in this website