Law Commons^™

Boundary Waters Treaty Of 1909 As A Model For Interjurisdictional Water Governance, Robert H. Abrams

Journal Publications

In an age of increasing interjurisdictional water conflict and water management concern, the list of accomplishments of the Boundary Water Treaty of 1909 (BWT), reached in a harmonious manner, raises the possibility that, perhaps, the management mechanisms of the BWT might beneficially be used in other contexts. This Article will take up that possibility in the context of three contemporary American interstate water allocation disputes. These disputes are (1) a relatively simple cross-border complaint by a downstream state, South Carolina, that North Carolina cities are using too much water of the Catawba River; (2) the basin-wide dispute regarding water use …

Climate Change And Freshwater Resources, Robert H. Abrams, Noah D. Hall, Bret B. Stuntz

Journal Publications

Earth's climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater resources. …

Settlement Of The Acf Controversy: Sisyphus At The Dawn Of The 21st Century, Robert H. Abrams

Journal Publications

The ancient Greek myth in which Sisyphus is condemned to perpetually roll a massive boulder up a hill only to have it fall back down now symbolizes repetitive, ultimately fruitless effort. The Apalachicola-Chattahoochee-Flint (ACF) basin rapidly has become the emblem of Sisyphean water conflict in the eastern United States. It has the potential to rival some of the West's long-running water disputes, although it will never challenge the Colorado River in that regard.

At the outset, it is important to recognize that there are many parties with an interest in the ACF basin. The most prominent in recent years are …