Recognition of Aesthefic Values in Water Law

The basic characteristics of water and the natural processes associated with the water resources make it a focal point of aesthetic interest. Simultaneously, a wide variety of other uses exists as the result of basic physical necessities and the susceptibility of water to utilization in a number of strictly utilitarian activities. One of the major conflicts in water-resources management arises from the fact that aesthetically-oriented water uses are basically incompatible with many of these other uses. While management for aesthetic values generally places emphasis on preservation of natural conditions, management to optimize benefits from a variety of other uses requires development and some degree of consumption in either a quantitative or qualitative sense. Thus, the degree of recognition of aesthetic values is always constrained by the demand for water for strictly utilitarian purposes. Conflicts between aesthetically-oriented uses and utilitarian uses may take a diversity of forms and involve a variety of participants. Proponents of each type of use include individuals, special interest groups, and governmental agencies. In some cases, the conflict is basically a struggle between private interests, as in the case, for example, where an irrigator wishes to divert water