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Efficiency in Western Water Law: The Development of the California Doctrine, 1850-1911

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  • Kanazawa, Mark T

Abstract

The development of water law in California has been heavily studied by legal historians. Much interest and controversy has surrounded the fact that early on, California adopted a system of water law that recognizes both riparian and appropriative rights and that persists to this day. How well this hybrid system has promoted in economic efficiency use of water in California has been poorly understood. This article examines the early development of California water law to understand how such a hybrid system emerged and how well it promoted economic growth. The key argument is that nineteenth-century California jurists, though constrained by legislative mandates to observe English common law, worked within the confines of that doctrine to mitigate some of its potential inefficiencies. This article provides empirical evidence that those jurists selectively promoted appropriative claims in situations of high transactions costs in order to encourage reallocation of water from existing riparian uses. Copyright 1998 by the University of Chicago.

Suggested Citation

  • Kanazawa, Mark T, 1998. "Efficiency in Western Water Law: The Development of the California Doctrine, 1850-1911," The Journal of Legal Studies, University of Chicago Press, vol. 27(1), pages 159-185, January.
  • Handle: RePEc:ucp:jlstud:v:27:y:1998:i:1:p:159-85
    DOI: 10.1086/468017
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    Cited by:

    1. R. Quentin Grafton & Clay Landry & Gary D. Libecap & Sam McGlennon & Robert O'Brien, 2010. "An Integrated Assessment of Water Markets: Australia, Chile, China, South Africa and the USA," NBER Working Papers 16203, National Bureau of Economic Research, Inc.
    2. Cai, Meina & Murtazashvili, Ilia & Murtazashvili, Jennifer, 2020. "The politics of land property rights," Journal of Institutional Economics, Cambridge University Press, vol. 16(2), pages 151-167, April.
    3. Gary D. Libecap, 2011. "Institutional Path Dependence in Climate Adaptation: Coman's "Some Unsettled Problems of Irrigation"," American Economic Review, American Economic Association, vol. 101(1), pages 64-80, February.
    4. Kanazawa, Mark, 2023. "Politics and eminent domain: Evidence from the 1879 California constitution," Explorations in Economic History, Elsevier, vol. 90(C).
    5. Kanazawa, Mark, 2006. "Investment in private water development: Property rights and contractual opportunism during the California Gold Rush," Explorations in Economic History, Elsevier, vol. 43(2), pages 357-381, April.
    6. Pongspikul, Tayatorn & McCann, Laura M., 2020. "Farmers’ Adoption of Pressure Irrigation Systems: The Case of Cotton Producers in the Southeastern versus Southwestern U.S," 2020 Annual Meeting, July 26-28, Kansas City, Missouri 304332, Agricultural and Applied Economics Association.
    7. Gary D. Libecap, 2010. "Institutional Path Dependence in Climate Adaptation: Coman's "Some Unsettled Problems of Irrigation"," NBER Working Papers 16324, National Bureau of Economic Research, Inc.
    8. Lueck, Dean & Miceli, Thomas J., 2007. "Property Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 3, pages 183-257, Elsevier.
      • Dean Lueck & Thomas J. Miceli, 2004. "Property Law," Working papers 2004-04, University of Connecticut, Department of Economics.
    9. Donohew, Zachary, 2009. "Property rights and western United States water markets," Australian Journal of Agricultural and Resource Economics, Australian Agricultural and Resource Economics Society, vol. 53(1), pages 1-19.
    10. Gary D. Libecap, 2010. "Water Rights and Markets in the U.S. Semi Arid West: Efficiency and Equity Issues," ICER Working Papers 30-2010, ICER - International Centre for Economic Research.
    11. Zachary Donohew, 2009. "Property rights and western United States water markets ," Australian Journal of Agricultural and Resource Economics, Australian Agricultural and Resource Economics Society, vol. 53(1), pages 85-103, January.
    12. Gary D. Libecap, 2010. "Institutional Path Dependence in Climate Adaptation: Coman’s “Some Unsettled Problems of Irrigation”," ICER Working Papers 33-2010, ICER - International Centre for Economic Research.

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