Environmental Takings of Private Water Rights—The Case for Water Privatization

This discussion is divided into two parts. The first, which addresses takings of private water rights, makes the following points: government regulation of private property for a public purpose, such as protection of species, raises important constitutional questions concerning whether a compensable “taking” of private property has resulted. This section discusses the property and liberty interests that arise when legislation or regulation is used as a reason for the government to breach a contract to provide water to farmers. It concludes by suggesting that the U.S. Constitution mandates that we should all share in the costs associated with a taking of private water rights for environmental purposes by the government. The second portion makes the more general philosophical point that the public interest and the cause of justice would be enhanced if all bodies of water were transferred from the public to the private sector. Then, among other benefits, there would be no need for all to share in the costs associated with a taking of private water rights for environmental purposes by the government; there would be no need for such takings in the first place.