As your Mayor, I will provide the change in leadership needed to protect and preserve Cave Creek’s most rugged and beautiful desert as it grows into the future. We know that change is inevitable, but the urbanization of Cave Creek is not an option. I will ensure that new development conforms to our Town Code, […]
Wednesday, August 4, 2021
Introduction
In the western United States, water law developed around two main principles: (l) the goal of full beneficial use of water, and (2) the need to afford vested water right holders certainty as to their rights. At the time western water codes developed, these goals were seemingly in harmony rewarding those who needed the water and invested in infrastructure for water use with rights that were enforceable against subsequent appropriators. Over the decades, as water needs and demands were reshaped by changing land use priorities, economics, and technology, these principles began to conflict with each other. Water right holders who had initially beneficially used water, and thus were afforded certainty regarding their future water use through water rights, no longer consistently used the water to which they were entitled. Thus, state water regimes were adjusted to enforce beneficial use requirements through abandonment and forfeiture laws
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