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Deflating the Deference Myth: National Interests vs. State Authority Under Federal Laws Affecting Water Use


Reed D. Benson


University of New Mexico - School of Law

2006

Utah Law Review, Vol. 2006, No. 2, 2006

Abstract:     
This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous section. Section V concludes with some points regarding the future of federal deference to states in water resource matters.

Number of Pages in PDF File: 76

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Date posted: August 1, 2009  

Suggested Citation

Benson, Reed D., Deflating the Deference Myth: National Interests vs. State Authority Under Federal Laws Affecting Water Use (2006). Utah Law Review, Vol. 2006, No. 2, 2006. Available at SSRN: http://ssrn.com/abstract=1442146

Contact Information

Reed D. Benson (Contact Author)
( email )
1117 Stanford, N.E.
Albuquerque, NM 87131
United States

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