The Federal Role in Water Resource Management
James L. Huffman
Lewis & Clark Law School
NYU Environmental Law Journal, Vol. 17, No. 1, 2008
Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper
Lewis & Clark Law School Legal Studies Research Paper No. 2009-18
This article argues that, while we have figured out how to store water behind massive dams, move water over hundreds of miles, use less water for greater productivity, purify and reuse polluted waters, prevent the pollution of pristine waters and even reverse the flow of some rivers, we continue to fight over who gets the water and how it is used. To address this last problem, the author offers an ambitious set of proposals for federal water policy, including federal apportionment of all significant interstate rivers that are not yet apportioned, clarification of federal and Indian reserved water rights, and the establishment of a national market in water. He emphasizes, though, that states have historically provided the core water law systems and should continue to do so.
Number of Pages in PDF File: 35Accepted Paper Series
Date posted: March 26, 2009 ; Last revised: September 14, 2009
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