Discerning Interstate Groundwater Law: An Evaluation of Federal Common Law and Its Impacts on Groundwater Management

Authors

Brooke Collishaw

Document Type

Comment

Abstract

The Supreme Court has demonstrated a superficial understanding of ground water over the last century in interstate water disputes. In cases that indirectly affect groundwater, it has ignored the complexities of the resource and its connection with surface water. All but one Supreme Court case that mentions groundwater centers around surface water, leading to the inadequate consideration of groundwater. This has led to the development of a unique federal common law for how federal courts are to resolve interstate water disputes that affect groundwater. While the Court has applied the law consistently, gaps exist. Given the growing reliance on cross-border aquifers, this law deserves evaluation and requires discernment to determine its effects on future disputes. This Comment aims to address Supreme Court cases concerning interstate groundwater, the federal groundwater common law that has emerged, and the options states and the Supreme Court can take to prevent and clarify disputes.

DOI

10.37419/LR.V13.I1.9

First Page

479

Last Page

507

Recommended Citation

Brooke Collishaw, Discerning Interstate Groundwater Law: An Evaluation of Federal Common Law and Its Impacts on Groundwater Management, 13 Tex. A&M L. Rev. 479 (2025).
Available at: https://doi.org/10.37419/LR.V13.I1.9