In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.

Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future. This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.

When Europeans first arrived at what is now California’s San Joaquin Valley, they found a vast landscape of wetlands, small ponds, riparian forests, and grasslands surrounding three large swampland lakes. What greets a visitor to the region today is a dramatically different view of mile after mile of row crops, vineyards, orchards, and grazing acreage—some of the most fertile and productive agricultural land in the world. This remarkable transformation, with its enduring consequences, is at the center of Ruling the Waters, a legal, social, and environmental history of how western water law shaped, and was shaped by, the subjugation of the largest freshwater wetlands wildlife habitat in the West. At the heart of efforts to wrest arable land from the region was the Kern River, which rises in the Sierra Nevada and carries snowmelt to what was once a great network of lakes, sloughs, and marshes at the southern end of California’s Central Valley. In Ruling the Waters Douglas R. Littlefield describes how, over the course of the nineteenth and early twentieth centuries, pioneers and entrepreneurs diverted water out of this network of waterways to extract gold in the mountains and irrigate farms lower down the river, and how the law was made to accommodate these practices. Struggles over the Kern River’s water established one of the most important concepts in water law in some parts of the United States—that prior appropriation, dependent on the chronological order of diversions from waterways, could legally coexist with riparian rights, which restrict water usage to landownership directly next to a river or stream. Littlefield traces this concept to the 1886 California Supreme Court case of Lux v. Haggin—which pitted the giant farming and cattle company of Miller & Lux against a prominent land baron, James B. Haggin—and shows how the lawsuit profoundly shaped future waters issues, which in turn influenced water laws in other western states that were grappling with similar questions. Far from a dry legal history, Ruling the Waters tells a story with world-wide historical environmental ramifications, a tale of competing personalities and values and visions that forever changed both the economy and the ecology of the American West.

“I’ve been thinking a lot about Cadillac Desert in the past few weeks, as the rain fell and fell and kept falling over California, much of which, despite the pouring heavens, seems likely to remain in the grip of a severe drought. Reisner anticipated this moment. He worried that the West’s success with irrigation could be a mirage — that it took water for granted and didn’t appreciate the precariousness of our capacity to control it.” – Farhad Manjoo, The New York Times, January 20,2023 "The definitive work on the West's water crisis." --Newsweek The story of the American West is the story of a relentless quest for a precious resource: water. It is a tale of rivers diverted and dammed, of political corruption and intrigue, of billion-dollar battles over water rights, of ecological and economic disaster. In his landmark book, Cadillac Desert, Marc Reisner writes of the earliest settlers, lured by the promise of paradise, and of the ruthless tactics employed by Los Angeles politicians and business interests to ensure the city's growth. He documents the bitter rivalry between two government giants, the Bureau of Reclamation and the U.S. Army Corps of Engineers, in the competition to transform the West. Based on more than a decade of research, Cadillac Desert is a stunning expose and a dramatic, intriguing history of the creation of an Eden--an Eden that may only be a mirage. This edition includes a new postscript by Lawrie Mott, a former staff scientist at the Natural Resources Defense Council, that updates Western water issues over the last two decades, including the long-term impact of climate change and how the region can prepare for the future.