November 01, 2016

Lines in the Sand: Interstate Groundwater Disputes in the Supreme Court

Noah D. Hall and Joseph Regalia

Since the turn of the twentieth century, states have brought their battles over shared surface waters to the U.S. Supreme Court. The U.S. Constitution grants the Supreme Court original jurisdiction to hear disputes between the states—and the Court has concluded that this includes disputes over surface water. The many rivers and lakes that flow across state boundaries have created a steady stream of interstate water cases over the past eleven decades.

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