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

76 Pages Posted: 1 Aug 2009

Date Written: 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.

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: https://ssrn.com/abstract=1442146

Reed D. Benson (Contact Author)

( email )

1117 Stanford, N.E.
Albuquerque, NM 87131
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
100
Abstract Views
1,096
Rank
499,333
PlumX Metrics