University of Utah S.J. Quinney College of Law Professor Robin Craig’s article titled, Defining Riparian Rights as “Property” Through Takings Litigation: Is There a Property Right to Environmental Quality? was cited in the Iowa Supreme Court Board of Water Works Trustess of City of Des Moines v. SAC County Board of Supervisors case.
The Iowa Supreme Court’s decision came in response to certified state-law questions from the U.S. District Court for the Northern District of Iowa, which is hearing the potentially groundbreaking case of whether an entity that collects agricultural runoff that in turn imposes higher treatment costs on downstream water works plants for public water supply is subject to the Clean Water Act and/or state-law damages. The court cited Craig’s article as support for the idea that riparian water rights include a right to water of a certain quality.