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Show HOW TO USE THIS BOOK This volume consists of part I, which is a general survey of State water law doctrines and institutions; and part II, which discusses the water laws of each State. The reader will be aided in his use of this book by an explanation of the relationship between parts I and II. Part I consists of five chapters. The first four discuss the develop- ment, nature, and organizational structure of State water law systems. Chapter 5 discusses some special subjects, and more will be said about that shortly. Part II contains 50 chapters, with 1 chapter devoted to the laws of each of the 50 States, appearing alphabetically. Each State summary contains four major sectons, and each of these sections corresponds directly to the first 4 chapters of part I. To illustrate, chapter 3 of part I discusses surface waters, and section 3 of each State summary like- wise discusses surface waters. Subsections carry the same correlation, so that chapter 3.3 discusses changes, sales, and transfers of rights, and so does secton 3.3 of each State summary. The only exception is the organizational subdivision of chapter 4, dealing with ground water, and the corresponding section 4 of each State summary. There is such a wide disparity of doctrines and procedures relating to ground water so as to make a uniform outline impractical. No individual State water law system embraces all of the legal doctrines discussed in part I, because in many instances doctrines are in opposition to each other, as sometimes is the case between riparian and appropriation concepts. In those instances where a State has no law relevant to a section contained in part I, the summary for that State will simply note that fact. There are a number of rather important subjects relating to State water law that could not reasonably be included in the individual State summaries, but it seemed unwise not to mention them at all. This is the function of chapter 5 of part 1, which has no corresponding section in the individual summaries. Chapter 5 discusses some of the important legal considerations relating to navigable waters, weather modification, regulation of land for water related purposes, inter- state water rights, Federal and Indian water rights, and finally, the relationship of this material to Federal programs and activities. A few functional details might be mentioned. With respect to source materials which might aid the reader in further investigation and research, certain bibliographical materials have been included. A list of publications follows part I, containing a few of the major treatises which relate to water law in general. A similar section follows each State summary, entitled "Publications Available", containing a list of published books and law review articles which deal to some extent with the water law of the particular State. Some of the older source materials cited are largely outdated in light of current prac- viii |
