Water Reallocation in the West: Government and Markets

Water is multifaceted: it is a human right, a production input, a sacred element, an investment asset, public property, and a fugitive resource. Its reallocation is inherently difficult because of its natural characteristics and its hybrid nature that combines public ownership with private rights. The future of the U.S. West necessitates the reallocation of water resources, even with potential new water supplies. As climate change intensifies, reallocation will take various forms—all involving government intervention to some degree, from eminent domain to competitive markets. For water markets to function effectively, they require robust institutional infrastructure to prevent issues like imperfect information and market abuse. Water markets often spark controversy, particularly with the recent involvement of large financial actors in water rights transactions. Australia’s experience shows that an active water market, while not without challenges, can alleviate the costs of drought. This example also highlights the necessity of regulating markets to ensure fair competition as they grow more active and complex. While speculation poses a risk, the solution lies in regulating market practices rather than abandoning water markets. We cannot throw out the baby—water markets— with the bathwater—the unsavory market practices some may engage in.

Authors

Publication Details

Journal
Utah law review
Published
2025-01-01
DOI
https://doi.org/10.63140/-xvkwzinuf
Primary Topic
Water Governance and Infrastructure
Type
article
Field-Weighted Citation Impact
0.00
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article

Water Reallocation in the West: Government and Markets

Vanessa Casado Pérez
Utah law review
Water Governance and Infrastructure
article

Water Reallocation in the West: Government and Markets

Vanessa Casado Pérez
article en

Abstract

Water is multifaceted: it is a human right, a production input, a sacred element, an investment asset, public property, and a fugitive resource. Its reallocation is inherently difficult because of its natural characteristics and its hybrid nature that combines public ownership with private rights. The future of the U.S. West necessitates the reallocation of water resources, even with potential new water supplies. As climate change intensifies, reallocation will take various forms—all involving government intervention to some degree, from eminent domain to competitive markets. For water markets to function effectively, they require robust institutional infrastructure to prevent issues like imperfect information and market abuse. Water markets often spark controversy, particularly with the recent involvement of large financial actors in water rights transactions. Australia’s experience shows that an active water market, while not without challenges, can alleviate the costs of drought. This example also highlights the necessity of regulating markets to ensure fair competition as they grow more active and complex. While speculation poses a risk, the solution lies in regulating market practices rather than abandoning water markets. We cannot throw out the baby—water markets— with the bathwater—the unsavory market practices some may engage in.

Utah law reviewVol. 2025(5)
Clean water and sanitation
Openalex Percentile: Top 83%
Water Governance and Infrastructure
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