On Water Conservation and Reform of the Prior Appropriation Doctrine in Colorado
分析了科罗拉多州水权法律和判例，指出优先占用原则阻碍了水资源高效配置和节水改进，并提出通过明确产权概念、改善公共管理和调整组织来推动渐进式改革。
The prior appropriation doctrine has come under criticism for impeding both the efficient allocation of water and the adoption of water conservation improvements. Analysis of water rights statutes and case law revealed the following opportunities for evolutionary reform of the appropriation doctrine in Colorado: more precise definition of key property rights concepts (such as beneficial use, waste and duty of water); improved public administration (e.g., in record-keeping and analysis of water use patterns); and organizational adjustments to reduce transaction costs and strategic behavior. Integration of vested rights with the concept of maximum beneficial use will depend upon such creative adjustments in public and private institutions for water management. 32 references, 3 figures, 4 tables.