Valuing water : a normative analysis of prior appropriation
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This thesis aims to provide a normative evaluation of the Western U.S. water law of prior appropriation through a contextual analysis of water value pluralism. The first chapter begins with a preliminary account of the major justificatory arguments made in defense of prior appropriation, followed by two critiques that undermine some proposed advantages of the water policy. The purpose of this analysis is to elucidate the normative claims that underlie many of the arguments within this debate but which fail to be made explicit. It becomes clear that these normative claims assume a utilitarian ...