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Water Rights Who
owns the water?
Who has the right to
use the water? Nebraskans have long believed that water is different than oil and other natural resources. Water is too precious to allow any one individual to own it. From school age, most people are taught that the water in the sky, in the river, and under the ground is owned by the people. It is to be used by everyone. Many people, then, conclude that since the water is owned by all, anyone who uses the water for personal gain is unfairly taking the property of the many. Agriculture
is the largest user of water. Many
farmers irrigate their crops, raising more produce than would be
possible if the water were not used.
The larger the crop, the more profit a farmer is likely to make.
While more water used does not necessarily mean a larger crop,
irrigation is essential to the feeding of the world. Many
people believe that it is improper for a farmer to make money because he
has access to the public’s water.
They believe that this increase in wealth should be shared with
the public, since public resources were used. Even
though the public owns the water, it is possible for an individual to
own the right to use the water. “The
right to use water for a beneficial purpose is a property right, subject
to the constitutional provisions regulating the taking of private
property for public use. Loup
River Public Power Dist. v. When
an individual buys and sells land, the appropriation that allows a
person to irrigate this land transfers with the land.
The appropriation is a property right that can be bought, sold,
and transferred from one person to another. The community, as a whole, benefits from the use of the water. More food is raised more efficiently, meaning fewer people have to work on the farm and more people can spend time recreating, learning, and pursuing other endeavors. As
the farmer raises a larger crop, he increases his purchases in the
community. The community
businesses can pay more employees a better wage.
In turn, the employees can increase their spending.
In rural communities whose main industry is farming, there is a
dependence upon the water. It
creates a good standard of living for everyone.
If
no one had the right to use the water except the public, then all of the
farms would be owned by the State. This
has been tried in socialist countries and found to be a failure.
The State has an obligation to make sure that no one individual takes more than their share of the water and that their use of the water is productive. As long as the individual uses the water in a beneficial manner, then the interests of the public are protected and society thrives. |