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Water allocation under state law

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary,...

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...

Markets, Mechanisms, Institutions, and the Future of Water

Water scarcity is no longer a threat, it is a reality. Increasing populations throughout the country and the world are putting increased pressure on existing supplies of freshwater. Cities, states, and regions are scrambling to find...

Can't Get No Satisfaction: Securing Water for Federal and Tribal Lands in the West

In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource...