Property rights regimes determine a relationship between rights-holder and non rights-holder. It determines who takes responsibility and/or bears costs for environmental restoration. We analyze In-Stream Water Rights System introduced in Oregon in 1987. Where In-stream water right means the "new" right for environmental preservation, water right means the right for appropriative water use (water development). A trade from water right to in-stream water right was institutionalized. When In-stream Water Rights System was introduced, a relationship between appropriative water use and environmental water use was legally same at this time. This point is very important in spite of some demerits. The public got a legal tool for restriction to appropriative use because this system was based on the public trust. The responsibility of environmental restoration was taken to Oregon as the result. We can evaluate this system as the evidence that the change of property rights regimes affects the success or failure of an environmental policy.
最終更新日:2004年7月14日, Environmental Policy and Property Rights Regimes: Significance and Limitations of the In-Stream Water Rights System in Oregon, USA Number 2004-01 20 pages long
Classification:
K32 - Environmental, Health, and Safety Law ; Q25 - Water ; Q59 - Environmental Economics. Other