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California Polytechnic State University, Pomona *

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4500

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Arts Humanities

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Jan 9, 2024

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¢ International water law falls under the Helsinki Rules on the Uses of Waters " ‘nternational Rivers, 1966. These rules provide a basis for negotiation 26 Of 27 veen countries with common waters. QUESTIONS FOR ANALYSIS I. Who controls the water in your area? a. Student-specific answer using the terminology of water allocation. 2. Why was it necessary for ancient rulers to manage water resources wisely in their regions? a. Irrigation and other water management methods provided food, security, and allowed societies to evolve beyond hunting and gathering. Often, a ruler’s power was based on the ability to manage water resources properly (pp 373-375). 3. What are some fundamental aspects of the Riparian Doctrine? a. The riparian landowner is allowed to make use of water from a river or stream for domestic, agriculture, and milling purposes as long as it was de minimis, i.e. the use was reasonable and had a negligible effect on the stream. Water used by the riparian landowner had to be returned to the stream relatively unchanged (pp 378-379). Downloaded from https://www.cambridge.org/core. Edinburgh College of Art, on 08 Dec 2019 at 01:12:19, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/CBO9780511841484.013 QUESTIONS FOR ANALYSIS L 395 4. What are some fundamental aspects of the Doctrine of Prior Appropriation? a. “First in time, first in right”” Although the state retains ownership of water under the Doctrine of Prior Appropriation, individuals, corporations, and municipalities can obtain the right to use water (called a usufructory right) for a beneficial use. The first person in line to use water (called a senior appropriator) acquires the water right (called a priority) for a future use ahead of later users (called junior appropriators). To acquire a water right, one must first make an appropriation by diverting water and applying it to a beneficial use. A diversion is made by removing a quantity of water from its natural course. The beneficial use is made by irrigation, mining, industrial, or municipal use, or another non-wasteful activity (pp 379-383). 5. What method of water allocation is used in your watershed, and is it the most efficient to protect local environmental values? Is it the most efficient method to promote regional economic development? a. Student-supplied answer. b. Answers will vary, but should show an understanding of what local environmental values are being addressed and suggestions for meeting those goals. c. Answers will vary, but should demonstrate knowledge of economic development. 6. Is groundwater regulated in your watershed? How? a. Student-specific answers. 7. Should the law protect the water needs of endangered species over economic development or other human interests? Explain your reasoning. a. Answers will vary, but should show thoughtful reasoning. Further reading Reisberg, Marc, 1993, Cadillac Desert, New York: Penguin Books. Matthews, Olen Paul, 1984, Water Resources: Geography and Law, Washington, D.C.: Association of American Geographers. Postel, Sandra, 1999, Pillar of Sand: Can the Irrigation Miracle Last?, New York: W.W. Norton. Worster, Donald, 1985, Rivers of Empire: Water, Aridity, and the Growth of the
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