Environmental Takings: The Case for Full Water Privatization

Abstract

This chapter is divided into two parts: Environmental “Takings” of Private Water Rights and The Case for Water Privatization. In “Takings” we make the following points: Government regulation of private property for a public purpose like protection of species under the Endangered Species Act raises important constitutional questions concerning whether a compensable “taking” of private property has resulted. This section discusses the property and liberty interests that arise when the Endangered Species Act is used as a reason for the government to breach a contract to provide water to farmers. It concludes by suggesting that the Fifth Amendment “Takings Clause” mandates that we should all share in the costs associated with a taking of private water rights for environmental purposes by the government. The case for Water Privatization makes the more general philosophical point that the public interest and the cause of justice would be enhanced if all bodies of water were transferred from the public to the private sector. Then, among other benefits, there would be no need for all of to share in the costs associated with a taking of private water rights for environmental purposes by the government; there would be no need for such takings in the first place.