by thom » Sat Feb 25, 2012 12:39 am
Water rights have to do with HOW MUCH water one can take from rivers and streams.
There is nothing in the water law that dictates water quality, an upstream individual only has to make sure they are not "corrupting" the water to the extent it "cannot be used"... which is a very loose definition of "water quality." Proving causation.... and proving damages..... would be up to every farmer and water user downstream. How many can afford a multi-year lawsuit??
On top of that.... only Western states allocate water...... Eastern states treat water as a "common nuisance" and riparian land owners can take as much as they want.
A solution that is only viable in 15 or so states..... is not a solution for the nation. Common law FAILED to do what you suggest..... which is why the Clean Water Act exists in the first place.