Federalism Fails Water: A Tale of Two Nations, Two States, and Two Rivers
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Date
2020-07-01
Authors
Babie, Paul T.
Leadbeter, Paul
Nikias, Kyriaco
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
In this Article, we consider the deployment of public power over the water resource. Federalism, like property, fragments control by dividing and separating power. While fragmentation might work to some extent for relatively discrete aspects of public power, such as those with respect to going to war, entering treaties, issuing money, and raising and maintaining armed forces, when applied to water, questions immediately arise: which unit of government gets to decide about the allocation of private power—property. Which unit of government can deal with those challenges that transcend formal boundaries, such as the environment?
Description
86 pages
Keywords
Water law, Natural resources, Environmental law, Federalism
Citation
35 J. Envtl. L. & Litig. 1