Equitable Apportionment of Ecosystem Services: New Water Law for a New Water Age

11 Pages Posted: 19 Mar 2008  

J. B. Ruhl

Vanderbilt University - Law School

Abstract

This article examines the interstate water controversy between Florida, Georgia, and Alabama regarding allocation of water in the Apalachicola-Chattahoochee-Flint River Basin (ACF). The three states have been unable after 20 years of negotiation to resolve conflicts between urbanization in Atlanta, commercial uses in Alabama, and ecological protection in Florida. This article proposes that, were the states to seek apportionment of water by the Supreme Court under the Court's doctrine of equitable apportionment, the ecosystem services flowing within the ACF should be an integral allocation factor in deciding the flow regime Georgia and Alabama must ensure enters the Florida portion of the ACF.

Suggested Citation

Ruhl, J. B., Equitable Apportionment of Ecosystem Services: New Water Law for a New Water Age. Journal of Land Use & Environmental Law, Vol. 19, No. 1, 2003. Available at SSRN: https://ssrn.com/abstract=1106379

J. B. Ruhl (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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