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This intensive class is designed to give students, particularly from Colorado and neighboring states, an appreciation of the importance of allocation of water resources in the American West. Participants will learn of the common law and civil law approaches to the distribution of water in arid regions, the transportation of water from one basin to another, and a hierarchy of competing uses for the water. Water was first viewed as an instrumentality of transportation (and the main impetus behind junking the Articles of Confederation in favor of the Constitution), later as power for industry, irrigation for agriculture, and the water resource behind the growth of cities of the American west. Las Vegas and Phoenix, for example, would have been mere refueling stations on the transcontinental railroads were it not for massive water projects to make the desert bloom. Special emphasis will be given to Colorado's unique system of water courts and water judges. INSTRUCTOR: Bill Thoms, J.D. EXPECTATIONS: This is an accelerated course. You will be expected to spend an average of at least 8 hours per week reading and completing assignments. Please note that, barring extenuating circumstances, extensions will not be granted for this online course. This course is the equivalent of at least 45 course contact hours. 70% is the minimum passing score on all tests and assignments for this course. OBJECTIVE: Participants will learn how the law has influenced the growth of the west and the various forms of ownership that people can exercise over the inland waters of the United States. Particular emphasis will be given to adjudication of competing claims to a finite resource, water. Students will leave the course with an appreciation of the importance of water to western civilization, and the rights and duties of upstream and downstream riparians. Although this course is concerned with US water law, the student will also recognize the importance of the free flow of water between the US and its continental neighbors, Canada and Mexico. REQUIRED TEXT:
Water Law in a Nutshell, 3rd Edition, West Publishing Company,
1997, ISBN #0-314-21157-8. Optional Textbook: Black's Law Dictionary, 3rd edition, by Bryan A. Garner, West Publishing Company, 2006, ISBN 0-314-15862-6, is also available from The Center for Legal Studies.
TESTS:
For each lesson you will submit a 50-point short answer/essay assignment
covering the topics in that lesson's reading. These tests are due by 9:00
a.m. each Friday. All lesson objectives,
assignments, and tests can be found in the Lesson Materials.
WITHDRAWAL
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