About this course
What you’ll learn
This intensive class is designed to give students 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. 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.
Learning objectives
Participants will demonstrate the following skills through successful completion of all required coursework and assignments:
- Explain how water law has influenced the growth of the west
- Explain the differences between the prior appropriation doctrine and the riparian doctrine
- Identify rights conveyed and limits to riparian ownership
- Examine the role of water transportation and its effect on American water law.
- Explain the elements of valid appropriation
- Discuss proper groundwater allocation
- Explain how rain water affects allocation of water
- Identify the types of water rights granted through the Prior Appropriation Doctrine
- Discuss how water rights are conveyed to another
- Identify remedies for landlocked land owners to access appropriated water
- Discuss how appropriated water be transferred from one basin to another
- Discuss how hybrid states combine the features of riparian and prior appropriation systems
- Explain how the right to use surface water differs from the right to appropriate water
- Discuss the different definitions of navigability in state and federal law
- Discuss regulation of mining aquifers
- Identify legal uses of diffused water
- Explain conjunctive use
- Identify environmental laws enforced against users of river water
- Discuss Native American water rights and how they differ from state and federal law
Continuing Education Information
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 extensions will not be granted for this online course. This course is the equivalent of at least 45 clock hours of study. 70% is the minimum passing score on all exams and assignments for this course.
Requirements & policies
Accommodations
The University of Georgia Center for Continuing Education is committed to providing equal access to continuing education programs for students living with permanent or temporary disabilities. Learn more about the program accommodations (Opens in a new window).
Textbooks
Required textbooks for this course:
- Water Law in a Nutshell, most recent Edition, West Publishing Company. This book is available from CLS by BARBRI. Order Now Online
Highly Recommended Legal Resources:
- Gilbert Pocket Size Law Dictionary, 3rd Edition. West Academic.
Organizations
Supporting associations
This course is offered by the University of Georgia Center for Continuing Education in partnership with CLS by BARBRI.
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