November 01, 2016

The Evolving Role of the Supreme Court in Interstate Water Disputes

The U.S. Supreme Court appears to be entering into a new and more robust era of interstate water adjudication. This new era is manifesting itself in three ways. First, the Court is taking interstate water cases that it has been slow to take in the past. Second, the Court has imposed new remedies in its enforcement of prior interstate allocations. Third, it has agreed to entertain a new kind of interstate water allocation disputeā€”a dispute over the allocation of groundwater in an interstate aquifer.

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