4 pages.
Includes unsigned annotations by David Getches

Meyers, Charles J.

English

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) 1987 6-1-1987 In Defense of Private Rights in Water Charles J. Meyers Follow this and additional works at: https://scholar.law.colorado.edu/water-as-public-resource-emerging-rights-and-obligations  Part of the Administrative Law Commons, Agriculture Law Commons, Animal Law Commons, Aquaculture and Fisheries Commons, Biodiversity Commons, Constitutional Law Commons, Courts Commons, Energy and Utilities Law Commons, Environmental Health and Protection Commons, Environmental Law Commons, Environmental Policy Commons, European Law Commons, Hydraulic Engineering Commons, Judges Commons, Jurisdiction Commons, Land Use Law Commons, Legislation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Property Law and Real Estate Commons, Public Policy Commons, Recreation, Parks and Tourism Administration Commons, State and Local Government Law Commons, Urban Studies and Planning Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Meyers, Charles J., "In Defense of Private Rights in Water" (1987). Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3). https://scholar.law.colorado.edu/water-as-public-resource-emerging-rights-and-obligations/19 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.     Charles J. Meyers, In Defense of Private Rights in Water, in WATER AS A PUBLIC RESOURCE: EMERGING RIGHTS AND OBLIGATIONS (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law 1987).  Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.  IN DEFENSE OF PRIVATE RIGHTS IN WATER: A RESPONSECharles J. MeyersAttorneyGibson, Dunn & CrutcherDenver, ColoradoWATER AS A PUBLIC RESOURCE: EMERGING RIGHTS AND OBLIGATIONSA Short Course Sponsored by theNatural Resources Law CenterUniversity of ColoradoSchool of LawJune 1-3, 1987THE PUBLIC TRUST DOCTRINE -Is'	 BAD LAW, BAD ECONOMICS, BAD PUBLIC POLICYztet.cit, 	 -,Atadedik,06,	 .q002,g6iire,9. 	 PAettit44  ;if	Peau- :" P‘t 661/41tAgCharles J. MeyersGibson, Dunn & CrutcherDenver, ColoradoI. Introductionak-cA. Brief history of the public trust in navigable waters.B. Description of the extreme extension in National Audubon(Mono Lake) case.C. Analytical differences between traditional public trustlaw and National Audubon.1. Public trust to protect preferred use of navigablewater for commercial transportation was a well-established allocation of resources known to investorsbefore investments were made.2. National Audubon was reallodation of resources afterinvestment has been made.D. The new public trust law is bad. .ii,ceday4.442,L4it Pr -4191. Bad t iptafritteatfruca40 cacti, ;wad)2. Bad economics. mkt ?ex._ 2.0-44074-3. Bad government.II. Audubon's Public Trust Doctrine is Bad LawA. Foundation case for revocability, Illinois Central,was bad law when handed down.B. National Audubon is bad law.1. Covers too much water.2. Covers too many interests.III. Audubon's Public Trust Doctrine is Bad EconomicsA. The minimal requirements for maintaining a market systemfor efficient allocation of resources.1. Property rights quantified.2. Security of tenure.	 -Th3. Freely transferable.If these conditions are met, resources will be subjectto a price system that signals the value of the resourcein alternative uses.B. The public trust does not meet any of these criteria.It is the opposite of a market exchange system; it isallocation of resources by administrative fiat.IV. Audubon's  public Trust Doctrine is Bad Public PolicyA. Improperand giveB. Improperpower toto guidefor government to take property from one personto another without compensation.to delegate to an administrative agency thereallocate resources with no discernible standardsit.V. The Proper Solution to Obtaining Water for Public TrustPurposes.A. Inadequacy of some proposed statutes.B. A statute providing for just compens iontd- wvirourvliwc s 	 rd)6*_,,2

In Defense of Private Rights in Water

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1003&context=water-as-public-resource-emerging-rights-and-obligations

In Defense of Private Rights in Water

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