Law of the Rio Chama
Publication Date
Winter 2010
Document Type
Article
Abstract
The majority of western states require state water agencies to deny applications for new appropriations and transfers that are not in the public interest. However, the majority of these states leave the public interest undefined. This article examines contrasting administrative responses to statutory silence in Nevada and Idaho. Ultimately, this article finds that statutory silence has historically led the Nevada State Engineer to narrowly interpret the public interest as water law. In contrast, the Idaho Department of Water Resources has broadly interpreted statutory silence beyond water issues, causing the Nevada Legislature to narrow the public interest definition in 2003. Statutory silence has resulted in both uncertain interpretation of the public interest and a disconnect between the public interest and public values. Consequently, this article calls for legislatures to define the public interest through a combination of statewide public interest criteria and ongoing input from regional planning groups.
Publisher
Natural Resources Journal
Recommended Citation
Weeks, Amber L.. "Defining the Public Interest: Administrative Narrowing and Broadening of the Public Interest in Response to the Statutory Silence of Water Codes." (2010). https://digitalrepository.unm.edu/uc_rio_chama/20
