1. “When the government commandeers from a private usufructuary water rights holder the beneficial use of a volume of water for a public-purpose beneficial use, and thereby deprives the property holder with the usufructuary right from using that same volume of water for its own private beneficial use, does the governmental action constitute an appropriation, and therefore a per se physical taking, of the property holder’s property right in the beneficial use of the commandeered water? ”
2. “Is prior physical possession of the specific water molecules at issue a legal prerequisite to establish a partial physical taking of an appropriative water right, when the government commandeers the beneficial use of the water for a public purpose and thereby prevents the appropriative rights holder from diverting the water and putting the water to its own private beneficial use?”
