The Water District and the State

Abstract

In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In many water districts, people who do not own land cannot serve on the governing board. Nor can they vote in water district elections. Not surprisingly, given their composition and power, water districts often thwart efforts to modernize and bring equity to water management.

This Article describes these problems. Drawing on original data and mapping, it shows how pervasive these nondemocratic governance structures can be and how water districts with these undemocratic structures are expanding their reach into new policy realms. It also explains continued problems with the geography of water districts. And it shows how some water districts have acted to thwart important state policy interests and why such conflicts are likely to increase.

This Article also explains how state governments can respond. It advocates a shift from impact litigation—which earlier generations of lawyers tried to use, largely unsuccessfully—to legislative activity. It explains specific steps state legislatures can take to reform water district governance structures, reset boundaries, and address districts that persistently undermine state policy goals. More generally, it explains how different governance frameworks can replace states’ current hands-off approach to water district oversight.

Keywords: water, groundwater, water district, irrigation district, special district, voting