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Water (generally)

The Water Marketing Solution

This Article suggests concrete solutions to promote the development of robust water markets. It begins with a review of water transfers in the western United States and historical water use patterns that help illuminate the problem. It...

Avoiding Water-Intensive Energy Production: How to Keep the Water Running and the Lights On

The confluence of growing water demand and global warming impacts are stressing U.S. water supplies. Water shortages pose a major threat to the reliability and affordability of U.S. electricity because 96% of the nation’s power comes...

Western Water in the 21st Century: Policies and Programs That Stretch Supplies in a Prior Appropriation World

Editors' Summary

The states of the Western United States face numerous water management challenges, now and in the coming years. Legal hurdles to sustainable water management are posed by the doctrine of prior appropriation and...

The Political Consequences of Legal Victories: Ballast Regulation and the Clean Water Act

Editors' Summary

Federal conservation policy has seen a new development recently: the use of the Clean Water Act (CWA) as a tool for regulating ballast water discharges from ships and, thereby, for preventing biological invasions...

A Critique of the Student Note Entitled: "The Battle to Save the Verde: How Arizona's Water Law Could Destroy One of Its Last Free-Flowing Rivers"

Editors' Summary

Effective management of scarce water resources is one of the most critical issues facing western states like Arizona. Extensive regulations designed to address groundwater overdraft in parts of the state strike a...

Freshwater: Sustaining Use by Protecting Ecosystems

Editor's Summary

The safety and abundance of the freshwater supply in the United States is threatened by water development infrastructure. Chemical pollution, physical modifications to aquatic ecosystems, and other factors...

Fitting a Square Peg in a Round (Drill) Hole: The Evolving Legal Treatment of Coalbed Methane-Produced Water in the Intermountain West

Editors' Summary: Groundwater resources in the intermountain West (Colorado, Montana, New Mexico, Utah, and Wyoming) continue to dwindle while populations expand. In the 1950s, states set up oil and gas conservation commissions to...

Western Growth and Sustainable Water Use: If There Are No Natural Limits, Should We Worry About Water Supplies?

Editor's Summary: Prof. Dan Tarlock and Sarah Bates suggest that water scarcity is unlikely to curtail population growth in the American West, but that urban areas should still take into account water supplies as they plan for their...

Living With Ourselves: What Trade-offs Will Get Made to Supply Growing Western Communities With Water, and Who Decides?

Will the water demands of the apparently unstoppable population increases of the ever-exploding cities of America's Southwest ultimately be a factor in limiting that expansion? Historically the "Field of Dreams" phenomenon has...

Comment on Western Growth and Sustainable Water Use: If There Are No Natural Limits, Should We Worry About Water Supplies?

I. Introduction

Too often Americans take for granted a system that provides clean, safe, and inexpensive water: from the drinking water that comes out of our taps, to the water that helps us flush our toilets, to our local...