Professor Arlene Kwasniak’s article, “Inflating and Deflating: Courts and State/Crown Ownership and Management of Water”, arguing that courts' interpretations of State/Crown statutory statements of water ownership can enhance or impair the State/Crown’s ability to manage water resources, is now published in (2012) 33 Public Lands & Resources Law Review 95-142. Arlene takes a comparative law approach in this article, focusing on the dry western U.S. states, represented by Arizona and Colorado, and the dry western Canadian provinces, represented by Alberta. Through its analysis of legislation, policy, and court decisions, the paper concludes that courts' interpretations of State/Crown statutory statements of water ownership matter, enhancing or impairing the ability to manage water resources and affecting what water is subject to appropriation or allocation. The paper urges lawmakers to clarify State/Crown provisions regarding water ownership that courts have yet to interpret regarding extent of State/Crown ownership.
University of Calgary
Faculty of Law
