Environmental Law Blog
Water Everywhere?
Missouri is blessed with abundant water resources. In fact, for most of Missouri's history water has been regarded as a "common enemy to all" by the courts because of the great flood dangers posed by our many rivers and streams. Today, the flood danger remains real and we have more than enough water to meet our needs. While flooding will always be a risk we live with here in Missouri, the same cannot be said for our abundant water supply. Shortages are on the horizon, particularly in Southwest Missouri. But Missouri laws governing water use were written many years ago -- in the time of plenty -- and are of limited utility now.
The basic rule is that a landowner may make reasonable use of water on or under his land. If a water use is detrimental to a downstream landowner and is not reasonable (i.e., wasteful), then the downstream landowner can sue his upstream neighbor for relief. Litigation results have been unpredictable, yielding a common law patchwork quilt with minimal protection for private water use, and no protection for public water supply. Under Missouri statutes, the state has no express power to govern how individuals, businesses or water supply districts conserve or use water. The only role for the state is to register "major water users." There is no penalty for failure to register no matter how much water a user withdraws.
Is it time for Missouri to re-examine its water resources law with an eye to the future? Or will the free market ultimately ensure that water is used appropriately in Missouri?
Technorati Tags: water, moagoenvironmentallaw, environmental law, environmental protection
Posted by on April 30, 2008 9:12 am :: Comments (1) :: Permalink
1 Response to "Water Everywhere?"
says:
April 30, 2008 3:56 pm
The free market struggles when there is no competition and when one rich entity can obliterate the common good. Water is a public good, an essential, and a resource that no one entity should be allowed to 'own'. We have government to help regulate such common assets - like roads - that must be maintained, shared, and used by all. Our elected governments at the most local level need to be thinking about models that allow for fair distribution and responsibility - which gets priority: crop irrigation or the farm house? the car wash or the school? the factory or the hospital? How will our public priorities be set if there is a shortage, a dispute? Is there a role for the market there? Is it fair? What would be fair? What is the right thing to do? Are we being responsible about our water use and abuse? These are the questions.
