Legal impediments to interstate water marketing: Application to Utah
Journal Article
·
· Journal of Energy Law and Policy; (USA)
OSTI ID:5314889
This Comment is to identify the legal impediments to the operation of interstate water markets within the West and particularly in Utah. If a proposal is economically efficient and socially beneficial, political barriers will soon break down. As to legal barriers constraints imposed by the State of Utah are assessed as well as federal and constitutional barriers. The Comment first takes a brief look at water as a property interest. Second, the restrictions of the commerce clause and the effects of federal court decisions on the impediments to water transfers are considered. Third, the Utah water export statute is analyzed to determine whether is passes constitutional standards. Fourth, the effects of interstate compacts on water transfer are discussed. Finally, the Comment recommends making the difficult yet necessary shift from past practices to a theoretically better was of allocating our water resources.
- OSTI ID:
- 5314889
- Journal Information:
- Journal of Energy Law and Policy; (USA), Journal Name: Journal of Energy Law and Policy; (USA) Vol. 9:2; ISSN JELPE; ISSN 0275-9926
- Country of Publication:
- United States
- Language:
- English
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