Introduction -- Economic theory and the evolution of water law -- Water and the technologies of mining -- Watering the diggings: the development of the ditch industry -- The informal law of the mining camps -- Origins of the common law of mining and water rights -- The origins of prior appropriation -- Water quality and the law of nuisance -- Bursting dams and the law of nuisance -- Conclusions
Summary
Fresh water has become scarce and will become even more so in the coming years, as continued population growth places ever greater demands on the supply of fresh water. At the same time, options for increasing that supply look to be ever more limited. No longer can we rely on technological solutions to meet growing demand. What we need is better management of the available water supply to ensure it goes further toward meeting basic human needs. But better management requires that we both understand the history underlying our current water regulation regime and think seriously about what change
