Commerce clause curbs state control of interstate use of ground water: City of El Paso v. Reynolds
Journal Article
·
· Nat. Resour. J.; (United States)
OSTI ID:6791758
The court's decision in City of El Paso v. Reynolds erodes New Mexico's control over its water resources, but does not preclude the state's shaping its economic future through rational planning. Since the court had previously held that water is an article of commerce and subject to commerce clause analysis, the federal court felt compelled to find New Mexico's underground water embargo unconstitutional because it discriminates against out-of-state users. New Mexico failed to show that its embargo was narrowly tailored to a public health purpose, but the state has since acted to regain control through legislation that allows export of groundwater and establishes conservation guidelines for approval of in-state and out-of-state use of underground water. 37 references.
- OSTI ID:
- 6791758
- Journal Information:
- Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 24:1; ISSN NRJOA
- Country of Publication:
- United States
- Language:
- English
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