George William Sherk

Water policy in the United States: a perspective

Lessons learned from the evolution of US water policy over two centuries of rapid population growth, economic expansion and urban development may shed light on promising approaches to issues in other areas of the world. An explanation of the major philosophical and legal underpinnings of water quantity and water quality policies that have evolved in the US federal-state system is presented. Other areas of the world may benefit from mistakes made during the evolution of US water policy in the areas of institutional reform, improved processes for conflict resolution, and increased use of modern planning and decision making procedures.

Interstate water conflicts and individual rights―Perspectives from the United States Supreme Court : Equitable and Sustainable Access to Water

Abstract This study addresses the right of individuals to participate in equitable apportionment actions in the United States Supreme Court involving the allocation of interstate water resources. Given the scope of the parens patriae doctrine, the state represents the interests of all of the states citizens. This limits the role of individuals to that of amicus curiae (“friend of the court”). Furthermore, any allocation of interstate water resources is likely to be a mass allocation to the state parties to the litigation. Such an allocation may not be sufficient to fulfill all of the demands for water in the respective states. Finally, after noting that individual water rights are “incomplete” forms of property rights that derive from the rights of the state, the study concludes that it may be in the best interest of individual water users to attempt to resolve interstate water conflicts by means other than litigation in the Supreme Court.