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In the absence of efficient legislation, the conflicts over the allocation of water are being resolved in the courts which must apply the laws as they find them. This is proving to be contentious, costly and uncertain.This article explores the issue, non-judicial solutions, and the judicial challenges that may lead to conflicts between the general public belief doctrine, established water rights, and constitutional takings protections.Edgar B. Washburn is a senior counsel in Morrison & Foerster LLP’s Environment and Energy Group where he focuses on natural resource, energy, environmental, water, and actual property law. The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social principle and more specialised topics such as criminology.
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