The Adjudication that Ate Arizona Water Law Export

@article{citeulike:6077524, abstract = {This article traces the expansive and expensive contours of the Gila River Adjudication (the Adjudication) begun in 1974 to remedy depletions of the Verde River, a tributary of the Salt River, to which Salt River Project (SRP) and its members possess rights as senior appropriators on the Salt River. The Adjudication is the largest, longest, and one of the most expensive judicial proceedings in the history of Arizona, and is one of the most complex judicial proceedings in the United States. While originally intended to determine all water rights in one proceeding, the Adjudication's length caused SRP, within the Adjudication, to resort to piecemeal litigation against individual infringers. This article considers the role of the Gila River and its tributaries in Arizona's water supply, the key developments in Arizona water law behind the Gila River Adjudication, the history of the Adjudication and the consequent litigation and legislation, the prospects for the Adjudication's completion, the Adjudication's negative effect on water rights enforcement, and the recent motions for interim relief filed by SRP in 2004. It concludes by evaluating whether a comprehensive general stream adjudication is an efficient means of determining water rights and suggests an alternative mechanism, based on Colorado's system of 'rolling' water adjudications, for determining and enforcing water rights in Arizona and the proposed relationship to Indian reserved water rights claims.}, author = {Feller, Joseph M.}, citeulike-article-id = {6077524}, citeulike-linkout-0 = {http://ssrn.com/abstract=1467835}, citeulike-linkout-1 = {http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1467835_code1195389.pdf?abstractid=1467835&mirid=1}, day = {04}, journal = {Social Science Research Network Working Paper Series}, keywords = {arizona, water-law}, month = {September}, posted-at = {2009-11-05 23:27:50}, priority = {2}, publisher = {SSRN}, title = {The Adjudication that Ate Arizona Water Law}, url = {http://ssrn.com/abstract=1467835}, year = {2009} }

TY - JOUR ID - citeulike:6077524 L3 - citeulike-article-id:6077524 N2 - This article traces the expansive and expensive contours of the Gila River Adjudication (the Adjudication) begun in 1974 to remedy depletions of the Verde River, a tributary of the Salt River, to which Salt River Project (SRP) and its members possess rights as senior appropriators on the Salt River. The Adjudication is the largest, longest, and one of the most expensive judicial proceedings in the history of Arizona, and is one of the most complex judicial proceedings in the United States. While originally intended to determine all water rights in one proceeding, the Adjudication’s length caused SRP, within the Adjudication, to resort to piecemeal litigation against individual infringers. This article considers the role of the Gila River and its tributaries in Arizona's water supply, the key developments in Arizona water law behind the Gila River Adjudication, the history of the Adjudication and the consequent litigation and legislation, the prospects for the Adjudication’s completion, the Adjudication’s negative effect on water rights enforcement, and the recent motions for interim relief filed by SRP in 2004. It concludes by evaluating whether a comprehensive general stream adjudication is an efficient means of determining water rights and suggests an alternative mechanism, based on Colorado's system of 'rolling' water adjudications, for determining and enforcing water rights in Arizona and the proposed relationship to Indian reserved water rights claims. JF - Social Science Research Network Working Paper Series TI - The Adjudication that Ate Arizona Water Law PB - SSRN KW - arizona KW - water-law AU - Feller, Joseph PY - 2009/September/04/ UR - http://ssrn.com/abstract=1467835 ER -