Document Type

Article

Publication Date

8-28-2012

Abstract

The Colorado River and the elaborate body of laws governing its flows ÔÇ£Law of the RiverÔÇØ are at critical juncture with a formidable imbalance between water supplies and demands prompting diverse efforts to evaluate and to think anew about Colorado River governance One such effort is the Colorado River Governance Initiative CRGI at the University of Colorado Law School Incorporating CRGI research undertaken over the past twoandahalf years this Article focuses on the interstate compact constituting the foundation of the Law of the River the Colorado River Compact approaching the water apportionment scheme established by this compact as a subject of central importance in current efforts to navigate the future of the river Lying at the base of the compact is a commitment to equity ÔÇô ÔÇ£equitable division and apportionment of the use of the waters of the Colorado River SystemÔÇØ ÔÇô stemming from which this Article pursues a fundamental question To what extent does the compact's apportionment scheme fulfill this commitment to equity in its existing form After providing an initial overview of the compact the Article considers the meaning of ÔÇ£equityÔÇØ as a norm setting the stage for a subsequent examination of water supplies and demands in the basin and longstanding interpretive disputes involving the compact's key terms This examination reveals several equityrelated concerns associated with the composition of the compact's apportionment scheme and the governance structure devised for it A discussion of these concerns occupies the final Part of the Article Framing this discussion is our perspective that the compact's commitment to equity is a venerable one and that the concerns raised in this Part need to be addressed in ongoing dialogue about Colorado River governance in order to fulfill this commitment in contemporary times

First Page

1157

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