In recent news reports we have learned about the contamination of public water sources in West Virginia, and have been alerted to the potential impact of climate change on local water supplies. Who ultimately decides disputes involving the protection, access and consumption of state water resources?
Generally, state courts have jurisdiction over local water rights created by state law. State agencies with environmental and natural resources oversight further regulate water use and consumption policy in compliance with state law. Conflicts involving water on reserved Federal and Indian land are resolved by negotiation and compact with state, federal and tribal authorities.… Read More