Document Type

Article

Publication Date

2015

First Page

462

Volume

15

Issue

2

Source Publication Abbreviation

Wyo. L. Rev.

Abstract

This article provides a modest starting place for exploring how adjudications in various western states function together with modern permitting and administration of water rights. By locating adjudication within a state’s broader water rights system, the hope is to elevate in our water law discourse the question of whether, at the end of the day, adjudication proceedings are meaningful in the day-to-day world of water use. Part I summarizes in broad strokes the way various western states approach the interrelated functions of adjudication, permitting, and administration. Part II then highlights some common, emerging issues among state water systems as well as some emerging ideas for integrating judicial and agency water rights functions. This article concludes that the time has come to design the next generation of water rights systems so that adjudication and regulation speak a common language and function more seamlessly to best meet the water use needs of the West.

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