Comment by wahern

> and those are regularly treated as sacred

They indeed are treated as sacred, it's enshrined in the Takings Clause of the US Constitution. The big problem in the American West it that the model of property rights in water sources makes it very difficult as a technical matter to put a price on a specific claim and to adjudicate disputes, without triggering a cascade of pricing and rights dilemmas upstream and downstream (figuratively and literally). Western states could in theory exercise eminent domain to take back water rights, and I think they occasionally do, but it's just very fraught from countless legal angles even before getting into the politics of it, which compound the headaches a hundredfold (partly because of the interdependent nature of everybody's rights). Most of the time Western states try to hack around the issues with complicated regulatory and taxing schemes to try to claw back some semblance of control over water resources. But it's very inefficient and ineffective. Property rights are useful because you don't need to centralize all pricing and usage decisions, or when you do--e.g. regulation, taxation, eminent domain--the mechanisms for applying those decisions are simpler and more mechanical; but Western water rights are just a different kind of beast. What's needed is comprehensive reform that tries to shift the American West to a better water rights model, specifically a better model for how property rights inhere in water resources, to drastically improve transactional efficiency, both from a legal and market perspective. But there's no simple way, and in particular no cheap way from a budgetary perspective, to get there even if the motivation existed to get around the monumental collective action problem, which it doesn't.