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New Yale Scholarship: Note: Managing Water in an Era of Scarcity
Posted by James Grimmelmann on Friday, August 13 @ 00:35:00 EDT Scholarship
Olivia S. Choe, Note, Appurtenancy Reconceptualized: Managing Water in an Era of Scarcity 113 YALE L.J. 1909 (2004).

(Abstract prepared by James Grimmelmann)

This Note argues that effective alternatives to comprehensive, centralized management of control over water rights are indeed available. A wide body of scholarship in anthropology and institutional economics demonstrates that local users in a variety of contexts, from lobster fishing to irrigation, have been able to develop sustainable methods for managing scarce, common-pool resources, thereby overcoming a tragedy of the commons without the need for government regulation. This Note asserts that the organizational and institutional insights offered by common property scholarship are relevant to contemporary water management. These alternative governance regimes might achieve greater efficiency, higher levels of conservation, and a viable market in water rights.

 
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