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Water Law: Tension Within the Doctrine of Beneficial Use

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 forfei ....

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Regulator's failure puts water at risk

Winnipeg Free Press
By: Don Sullivan
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CANWHITE Sands Corporation (CWS) has not yet received an environment licence from the province of Manitoba to proceed with the construction of its processing facility, nor has it submitted an Environment Act Proposal for review and approval for its unconventional silica sand extraction activities. Yet this company has been undertaking advance exploration activities and extracting silica sand from deep within the aquifer that supplies drinking water to most of southeastern Manitoba.
Opinion
CANWHITE Sands Corporation (CWS) has not yet received an environment licence from the province of Manitoba to proceed with the construction of its processing facility, nor has it submitted an Environment Act Proposal for review and approval for its unconventional silica sand extraction activities. Yet this company has been undertaking advance exploration activities and ....

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