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- Public Trust Doctine on the Water Right in America. -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 49(), pp.173-198
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

DONGGUN KIM 1

1배재대학교

Accredited

ABSTRACT

Water rights is “the right under which one may thus take of the water from a natural stream and make it his own. And the law of watercourses is a law of streams as natural resources. Who can get the water right? For this, there is two kind of principle in America. The eastern part of the United States governed water allocation through riparianism. On the other hand, the wetern eastern part of the United States governed water allocation through ‘prior appropriation doctrine’. But many areas will be subject to climatic extremes, including more frequent, intense floods and lengthier droughts. Additionally, water usage has increased very much in recent decades. So the water right needs to be restricted for the public interest. Public trust doctrine recognizes that the public has particular inalienable rights to certain natural resources and provides that these resources are held in trust for the benefit and use of all people. And this may give us the way to solve the water problem.

Citation status

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