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CHANGING THE APPROPRIATION DOCTRINE UNDER THE MODEL STATE WATER CODE1
Authors:Olen Paul Matthews
Abstract:ABSTRACT: The American Society of Civil Engineers (ASCE) Model State Water Code provides suggested statutory language and commentary helpful in guiding western water law reform. Departing from the past preference for stream diversions and consumptive uses, the code is sensitive to the public's interest in maintaining environmental quality. The traditional doctrine protected inefficient uses and in some states hampered transfers. The model code addresses these issues as well as advocating integrated manage. meat and water resource planning. The debate on how to reform water law has already started, and the model code provides material useful in the reform process. Even with the current draft code, a few gaps exist for later resolution.
Keywords:water law  appropriation doctrine  reforming water policy  model code
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