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The Federal Role in Water Resource Management

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

35 Pages Posted: 26 Mar 2009 Last revised: 14 Sep 2009

James L. Huffman

Lewis & Clark Law School

Abstract

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.

Suggested Citation

Huffman, James L., The Federal Role in Water Resource Management. 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. Available at SSRN: https://ssrn.com/abstract=1367865

James L. Huffman (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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