29th Annual Water Law Conference

American Bar Association, Section of Environment, Energy and Resources
February 23-25, 2011
Westin San Diego | San Diego, CA

George William (“Jerry”) Sherk was a moderator at the 29th Annual Water Law Conference sponsored by the American Bar Association's Section of Environment, Energy and Resources. Dr. Sherk's topic, "Border Wars and Non-State Litigants before the Supreme Court," featured recent developments in interstate litigation including:

The U.S. Supreme Court decision in South Carolina v. North Carolina, which allowed Duke Energy and the Catawba River Water Supply Project to intervene even though they are not states
A Texas-Oklahoma dispute where the Tarrant Regional Water District is challenging Oklahoma concerning its embargo laws that restrict water transfers from Oklahoma. Issues include whether a compact allows a state to hoard excess water beyond any foreseeable in-state use against out-of-state neighbors that can use the water, and whether inchoate tribal water rights are subject to compacts
Lessons emerging from New Mexico which must allocate water considered “extra” under interstate compact rules on two of its major rivers, the Rio Grande and the Pecos River. A surplus of water seems completely beneficial, but major disputes are brewing over who gets to distribute the excess water and for what purposes