Response or Comment
This Article is a response to an attack by Greg Hobbs (now a justice on the Colorado Supreme Court) on the Long's Peak Report, a report that was the result of a 1992 working group of some 30 national experts issued on the verge of the inaugeration of the Clinton Administration. The Article claims that Hobbs's critique represents a wish to return to a bygone era in which the federal government's role was to subsidize Western development by funding large storage projects. But this Article maintains that the era of water development subsidies is over, and that those who oppose reform will not be able resist by relying on the Constitution's takings clause. The Article also outlines a number of necessary reforms on both the federal and state levels.
The Rhetoric of Water Reform Resistance: A Response to Hobbs' Critique of Long's Peak,
Available at: https://lawcommons.lclark.edu/faculty_articles/134