Federal reserved rights and the interstate allocation of water

Journal Article · Sun Jan 01 04:00:00 EST 1978 · Land Water Law Rev.; (United States)

OSTI ID:6691467

Dirck, C L

This Comment investigates the relationship between Federal reserved rights and the interstate allocation of water. The basic question is, ''How can the burden of Federal reserved rights be allocated among the several states of an interstate river basin.'' In some instances, the particular interstate compact will provide for certain reserved rights to be charged against a particular state's allocation; in others, the interstate compact is silent about the allocation of water for Federal reserved rights. Even if the compact does address the manner in which Federal reserved rights are to be satisfied, the compact may have been formed long before the nature and extent of the reserved rights were understood. Similarly, apportionment decrees may or may not address the satisfaction of reserved water rights. Of course, if a river basin is subject neither to an apportionment decree nor a compact, there is nothing that speaks to the issue of which states are to bear the burden created by the Federal reserved water rights. The legal underpinnings of reserved rights and interstate allocation are scrutinized in an effort to discuss the various issues and to delineate how the problems of interstate allocation and reserved water rights interact. Special attention is given to Indian reserved rights because these are likely to require large amounts of water and to cause significant interstate water problems.

• OSTI ID: 6691467
• Journal Information: Land Water Law Rev.; (United States), Journal Name: Land Water Law Rev.; (United States) Vol. 13:3; ISSN LWLRD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
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Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
ALLOCATIONS
AMERICAN INDIANS
CORRELATIONS
DEMAND FACTORS
GOVERNMENT POLICIES
HUMAN POPULATIONS
HYDROGEN COMPOUNDS
LEGISLATION
MINORITY GROUPS
OWNERSHIP
OXYGEN COMPOUNDS
POPULATIONS
PUBLIC LANDS
REGULATIONS
STATE GOVERNMENT
USES
WATER
WATER RESOURCES
WATER RIGHTS
WATERSHEDS