The Federal Role in Water Resource Management

Document Type

Article

Publication Title

NYU Environmental Law Journal

Journal Abbreviation

N.Y.U. Env’t L.J.

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.

First Page

669

Last Page

702

Publication Date

2008

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