Abstract
Across the United States, a countless number of people rely on groundwater for basic necessities such as eating, drinking, agriculture, and energy-creation. At the same time, overuse combined with increasingly dry conditions throughout the country, tied to the increasingly unpredictable and devastating impacts of climate change, threaten this fundamental building block of society. Nowhere is this problem more pernicious than the American Southwest. The Colorado River Basin has always been the epicenter of water disputes between communities and states. Bad policies, unhelpful federal actions, and sluggish Supreme Court decisions stop the painful but necessary steps to address the increasingly dire water shortage. At the center of this crisis are two opposing camps that stand to gain or lose much. California, with the weight of history is on one side, while Arizona and Nevada, often disadvantaged, occupy the other. Yet these underdog states may have a way to escape the unjust outcomes that have hounded them to this point. If Arizona and Nevada choose, recent Supreme Court decisions provide the ammunition needed to finally create a fair and equitable distribution of water in the Southwest, and break California’s oppressive control over the lion’s share of Colorado River Basin water.
Recommended Citation
Simon Ciccarillo, Till the Rivers All Run Dry: Equal Sovereignty and the Western Water Crisis, 81 Wash. & Lee L. Rev. Online 195 (2023), https://scholarlycommons.law.wlu.edu/wlulr-online/vol81/iss3/2