Book contents
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
9 - Instream Rights and Old Canals
Published online by Cambridge University Press: 18 February 2021
- Riverflow
- Riverflow
- Copyright page
- Epigraph
- Contents
- Maps
- Foreword: Marching Away from Folly
- Acknowledgments
- Introduction Publicum Ius Aquae
- 1 Instream Rights and the Public Trust
- 2 Instream Rights and Unreasonable Use
- 3 Instream Rights and Dams
- 4 Instream Rights and Watershed Governance
- 5 Instream Rights as Federal Law Recedes
- 6 Instream Rights as Water Temperatures Rise
- 7 Instream Rights as Sea Levels Rise
- 8 Instream Rights and Groundwater Extraction
- 9 Instream Rights and Old Canals
- 10 Instream Rights and Water as an Investment
- 11 Instream Rights and International Law
- 12 Instream Rights and Irrigation Subsidies
- 13 Instream Rights and Pacific Salmon
- 14 Instream Rights and Hatchery Fish
- 15 Instream Rights as Indigenous Rights
- Conclusion Policy Disconnected from Science
- About the Author
- Index
Summary
One of the instream uses of waterways is for navigation, and waterways are sometimes characterized in statutes and state constitutions as “common highways” open to all. In the case of man-made waterways such as canals, however, the notion of these channels as “common highways” has often been muddled or lost, as control of such canals has often been turned over to private companies.1 As some of these older canals have become less economically viable as corridors for commercial shipping, however, perceptions of these waterways have begun to change. These waterways are viewed less as privatized artificial conduits and more as public natural space.
When thinking about the concept of protected natural areas, there is often a tendency to consider such protected natural areas in contrast to or in opposition to artificial man-made structures. Similarly, when thinking about the concept of protected natural areas, there can be a tendency to assume that the appropriate location for such areas is geographically remote from the more built-up urban environment.
- Type
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- Information
- RiverflowThe Right to Keep Water Instream, pp. 157 - 171Publisher: Cambridge University PressPrint publication year: 2021