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Procedural Aspects of State Water Law: Transferring Water Rights in the Western States

Abstract

This article compares the procedures involved in evaluating water right change applications in eight western states: Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming. The purpose of this discussion is to describe the state administrative process and to identify the concerns addressed in state water transfer approval procedures. Tables 1 to 5 summarize key differences among state processes. These comparisons can assist state and federal policymakers and researchers in identifying and implementing lower-cost and more effective water transfer procedures. The last section of this article summarizes policies that address broader concerns with water transfers, particularly public values and environmental and area-of-origin interests.

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31 Ariz. L. Rev. 697 (1989)

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