Water law in the United States

Water law in the United States
Name	Water law in the United States
Jurisdiction	United States
Legislation	Clean Water Act, Safe Drinking Water Act, Rivers and Harbors Act of 1899
Courts	United States Supreme Court, United States Court of Appeals for the Ninth Circuit
Related	Colorado River Compact, Missouri River, Bureau of Reclamation

Water law in the United States Water law in the United States governs the allocation, use, and protection of Columbia River, Mississippi River, and Colorado River waters through a mix of state doctrines, federal statutes, and interstate compacts. It intersects with decisions of the United States Supreme Court, regulatory actions by the Environmental Protection Agency, and management by agencies such as the Bureau of Reclamation and the United States Army Corps of Engineers. Complex disputes involve parties like the State of California, the State of Arizona, tribal nations including the Navajo Nation, and agricultural interests such as those in the Central Valley Project.

Overview and Legal Framework

State law primarily governs surface and groundwater rights in states such as California and Texas, while federal authority arises under the Commerce Clause and statutes like the Clean Water Act. Constitutional doctrines from cases like Gibbons v. Ogden and Arizona v. California shape federal-state relations, and Congress has enacted laws including the Endangered Species Act that affect water use in the Bonneville Power Administration and Bureau of Indian Affairs projects. Administrative rulemaking by the Environmental Protection Agency and adjudication in the United States District Court for the District of Arizona further define responsibilities among stakeholders such as City of Los Angeles, Central Arizona Project, and tribal governments.

Water Rights Doctrines (Riparian, Prior Appropriation, and Pueblo)

Common-law riparian rights in states like Missouri tie water use to land ownership along rivers such as the Mississippi River, whereas prior appropriation dominates in Colorado, Wyoming, and Nevada with principles clarified in cases such as Montezuma Valley Irrigation Co. v. Baca. Pueblo water rights, derived from Spanish and Mexican law, apply in places like New Mexico and California for municipalities such as Los Angeles; litigation involving the City of San Diego and the United States Supreme Court has tested these doctrines. Conflicts among doctrines surface in disputes involving the Colorado River Compact and federal projects like the Central Valley Project.

Federal Water Laws and Regulations

Federal statutes including the Clean Water Act, the Safe Drinking Water Act, the Rivers and Harbors Act of 1899, and the Federal Power Act regulate pollution, drinking water standards, navigation, and hydroelectric licensing administered by the Environmental Protection Agency, the United States Fish and Wildlife Service, and the Federal Energy Regulatory Commission. The Endangered Species Act has influenced water operations on the Klamath River and the Sacramento–San Joaquin River Delta, and executive actions by the President of the United States have prompted litigation brought by states such as California and organizations like the Sierra Club.

Interstate and International Water Compacts

Interstate compacts such as the Colorado River Compact, Missouri River Basin Compact, and the Compact between the States of Wyoming, Colorado, Utah, and New Mexico allocate transboundary supplies; disputes may be litigated before the United States Supreme Court under original jurisdiction. International agreements like the 1944 Water Treaty (United States–Mexico) govern flows of the Rio Grande and Colorado River to Mexico, and coordination involves entities such as the International Boundary and Water Commission and state negotiators from Texas and California.

Groundwater Law and Management

State approaches to groundwater vary from correlative rights systems in California and Texas to regulated permit systems in Arizona and Nevada; doctrines and statutes have been litigated in forums including the California Supreme Court and federal courts. Management challenges include overdraft in the Central Valley, conjunctive use with the Central Arizona Project, and contamination episodes involving the Environmental Protection Agency and the United States Geological Survey. Groundwater-surface water interaction issues arose in cases like National Audubon Society v. Superior Court and administrative regimes such as the California Sustainable Groundwater Management Act.

Water Quality, Pollution Control, and the Clean Water Act

The Clean Water Act establishes the permitting framework under Section 404 and the National Pollutant Discharge Elimination System administered by the Environmental Protection Agency and state agencies such as the California State Water Resources Control Board. Significant litigation includes Rapanos v. United States and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers addressing federal jurisdiction over wetlands and waters of the United States, with stakeholders ranging from United States Army Corps of Engineers to environmental groups like Natural Resources Defense Council.

Water Allocation, Pricing, and Infrastructure

Allocation involves entities like the Bureau of Reclamation, Central Valley Project, and private irrigation districts in the Imperial Valley; pricing mechanisms include tiered rates used by utilities such as the Los Angeles Department of Water and Power and market transfers such as those in Colorado River Basin water banking programs. Infrastructure financing and projects have involved the United States Congress, the Federal Emergency Management Agency, and regional authorities including the Metropolitan Water District of Southern California.

Enforcement, Litigation, and Key Supreme Court Decisions

Enforcement is conducted by agencies including the Environmental Protection Agency and litigated in cases before the United States Supreme Court such as Arizona v. California, Rapanos v. United States, and Tulare Lake Basin Water Storage District v. United States; original jurisdiction suits among states include disputes over the Missouri River and Colorado River. Tribal water rights adjudications, exemplified by Winters v. United States and negotiations with the Navajo Nation, have shaped allocations, and major consent decrees and settlements involve parties like the State of California, the United States Department of the Interior, and environmental organizations such as the Sierra Club.

Category:Water law