Volume 35 Issue 4 Fall 1995 Fall 1995 The Evolution of Water Rights Anthony Scott Georgina Coustalin Recommended Citation Anthony Scott & Georgina Coustalin, The Evolution of Water Rights, 35 Nat. Resources J. 821 (1995). Available at: https://digitalrepository.unm.edu/nrj/vol35/iss4/4 This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact
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[email protected]. ANTHONY SCOTT* GEORGINA COUSTALIN The Evolution of Water Rights ABSTRACT This article looks at the evolution of water rights since early medieval times in England, North America and Australia. Different water rights characteristicssuch as quality of title, exclusivity and transferability are traced. Bases of two water regimes-types are identified: riparianland ownership (community of users) and actual use of the streamwater(priority of use). We identify periods in which one or the other of these types of regimes prevailed and suggest a "twists and turns" pattern of alternation between them. Aspects common to all periods, such as prescription and seniority, are described. Finally, after looking at the dynamics of change from one base to another, we project into the future a new property regime which could respond to increased and more varied demands to use water, conserve it and protect the water shed. PART I: INTRODUCTION A water right can be widely defined as the right to use or enjoy the flowing water in a stream.