Climate Change and the Hegemony of State Water Law

Abstract

Available models suggest that climate change (global warming) will cause significantly shifts in the distribution of water resources around the United States, with some areas becoming much wetter and others much drier. Although the federal government has played a more significant role in water law and policy than is often recognized, the traditional view is that state law and policy dominates in the area of water resources allocation and management – the supposed hegemony of state water law. Prevailing U.S. water law and policy will have to adapt to the hydrological changes caused by climate change, and are likely to generate a shift in the relative federal and state roles in water law and policy.

Keywords: Climate change, global warming, adaptation, climate change adaptation, water, water law, federalism, environmental federalism