Too Simple Rules for a Complex World? Prior Appropriation Water Rights as Natural Rights

This Article assesses the fit of Professor Claeys’s theory Natural Property Rights to traditional prior appropriation, regime that allocates water in West, and its capacity future regime. does not offer clear answers conflicts under appropriation doctrine when there is scarcity. explores lack determinacy maladjustment between some foundational principles, which cannot be ignored even most stylized form In particular, analyzes interaction definition right type use, necessity proviso a market context, role greed trades, public trust doctrine.