The law plays a critical
role in determining how our scarce water resources
are used and allocated. This course examines
the historical events and customs that led to the water
laws we have today. The course then covers modern-day
water permitting regulations and the adjudication of
historic water rights. From there, the course
explores emerging issues that a water lawyer will face
in practice – from water marketing, to instream
flow protection, to recreational access, to coal bed
methane development.
The course compares the differences between water
law in the eastern and western United States, and then
focuses on the Rocky Mountain West and the variations
among the states in our region. Alongside a selection
of national readings, students study the specific water
laws of Montana. Although water law is primarily
the province of state law, the course also addresses
tribal water rights, federal water rights, and interstate
water allocation.
Finally, students practice water lawyer skills, including
researching and analyzing water rights, handling water
rights in a real estate transaction, and appearing
before a water court in an adjudication proceeding. |
