Document Type

Working Paper

Publication Date

4-4-2006

SSRN Discipline

Political Economy - Comparative eJournals; EarthSciRN Subject Matter Journals; Geography Research Network; Health Economics Network; delete; delete2; EcoRN Subject Matter eJournals; Economics Research Network; Legal Scholarship Network; PRN Subject Matter eJournals; Law School Research Papers - Legal Studies; Administrative Law eJournals; Law School Research Papers - Public Law & Legal Theory; GeographyRN Subject Matter eJournals; Political Science Network; Environmental & Natural Resources Law eJournals; Ecology Research Network; PSN Subject Matter eJournals; LSN Subject Matter eJournals; ERN Conferences & Meetings; Philosophy Research Network; Political Economy - International eJournals; Entrepreneurship Research & Policy Network; Humanities Network; Earth Science Research Network; Political Economy - Development eJournals

Abstract

Americans have generally treated water just like land and other natural resources as a commodity for human use manipulation and degradation Little thought or significance at least until relatively recently was attached to the adverse environmental impact of reduced stream flows and the damage caused by hydrologic modifications such as dams and by various development activities that disrupt and pollute aquatic habitats The United States therefore faces the difficult challenge of trying at a late date to bring together three separate but inextricably connected disciplines one focusing on water use one on water quality and yet another focusing on development and land use The challenge is daunting especially in light of both existing water uses and anticipated growth in the demand for water Complicating the situation is a fragmented approach to law and regulation Water quantity law is statedriven while water pollution law is primarily federal in origin with the exception of nonpoint source pollution which is primarily the responsibility of state government Land use management on the other hand is generally a question for local government After exploring the regimes that govern water use water quality and land use the article discusses a number of approaches for trying to integrate these regulatory schemes into a mechanism that can better protect the integrity of our aquatic systems while also meeting most human needs Perhaps the most important aspect of the analysis lies in its attempt to connect in terms of law and institutions the symbiotic relationship between land use and water Although that relationship has long been ignored it is essential to conceive of a river and other freshwater systems as part of a larger interdependent ecosystem linking all land and aquatic features in a particular watershed

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