So Much Conflict, Yet so Much in Common: Considering the Similarities between Western Water Law and the Endangered Species Act

Posted: 6 Oct 2004

Abstract

The West has recently experienced major clashes over its scarce water supplies, with traditional water users on one side and endangered species on the other. These clashes, including those in the Klamath and Middle Rio Grande basins, have pitted western state water laws based on prior appropriation against the federal Endangered Species Act (ESA). One could easily mistake these laws for polar opposites, but, in fact, western water law and the ESA share a number of important and ironic similarities. This article identifies some of the similarities that arise from the basic provisions of the laws and from the way they are implemented. Despite these important similarities, however, recent efforts to reform the laws have been notably one-sided, focusing almost entirely on the ESA. The article concludes that the West will not achieve a sustainable balance in water use by revising the ESA alone.

Suggested Citation

Benson, Reed D., So Much Conflict, Yet so Much in Common: Considering the Similarities between Western Water Law and the Endangered Species Act. Natural Resources Journal, Vol. 44, No. 1, Winter 2004, Available at SSRN: https://ssrn.com/abstract=600083

Reed D. Benson (Contact Author)

( email )

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

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