A collection of production notes, sketches, drafts and ramblings for a series of documentary films - Law of the River - produced by the Atik Brothers. Largely a series of communications between Ron Atik (in San Francisco) and Jeff Atik (in L.A.) Visit our website - www.oolight.com
Friday, January 09, 2004
Our first film is - believe it or not - Episode 2 of The Law of the River. It is tentatively titled "Using Water/Wasting Water." The film examines the uses that the waters of the Colorado River are put to. The river is fully appropriated - which means that in most years all of its flow will be dedicated to one use or another. Law operates to allocate the Colorado's waters to particular users - and hence to particular uses. Western water law is based on historic claims - first users have priority over later users. Because of this, the greater part of the Colorado's flow is now controlled by large agricultural districts - notably the Imperial Irrigation Distriction. The users apply their share of the Colorado's water to agricultural use.
This episode is intended to show how the law on use works. Becuase it is based on a first-in-time ranking of claims, long time users have the greatest share. These users must, however, dedicate their shares to "beneficial use" in order to maintain their claims - if they do not use their claims beneficially, they will forfeit their claims to other users. Thus, it is a "use it or lose it" regime.
The system favors historic uses (such as farming in the desert) that may not be the most efficient - or the most socially desirable. Yet - due to legal rigidities - it is difficult for a historic user to transfer his or her water rights to a higher bidder. Water markets are vitually non-existent.
Thus water users find themselves in a quandry. They must continue to use their water rights (under the doctrine of beneficial use) in order to avoid losing them - awaiting a possible future day when water markets arise that will permit them to realize their economic value. In the meantime, there are strong incentives to use the entirety of the water allocation - even if it means rather questionable farming practice.
Jeff@OOlight.com
This episode is intended to show how the law on use works. Becuase it is based on a first-in-time ranking of claims, long time users have the greatest share. These users must, however, dedicate their shares to "beneficial use" in order to maintain their claims - if they do not use their claims beneficially, they will forfeit their claims to other users. Thus, it is a "use it or lose it" regime.
The system favors historic uses (such as farming in the desert) that may not be the most efficient - or the most socially desirable. Yet - due to legal rigidities - it is difficult for a historic user to transfer his or her water rights to a higher bidder. Water markets are vitually non-existent.
Thus water users find themselves in a quandry. They must continue to use their water rights (under the doctrine of beneficial use) in order to avoid losing them - awaiting a possible future day when water markets arise that will permit them to realize their economic value. In the meantime, there are strong incentives to use the entirety of the water allocation - even if it means rather questionable farming practice.
Jeff@OOlight.com
This is a collection of production notes, drafts, sketches and ramblings concerning a documentary film series - Law of the River - produced by the Atik Brothers.
Ron Atik (director/videographer) is based in San Francisco.
Jeff Atik (writer) is a professor of law at Loyola Law School in L.A.
For information, please contact us at -
info@OOlight.com
Ron Atik (director/videographer) is based in San Francisco.
Jeff Atik (writer) is a professor of law at Loyola Law School in L.A.
For information, please contact us at -
info@OOlight.com
