Tarlock, Dan. (Winter 2018). Western Water Law and the Challenge of Climate Disruption. Lewis and Clark Law School. Retrieved from https://www.jstor.org/stable44633531Search=yes&resultItemClick=true&searchText=united&searchText=states&searchUri=%2Faction%2FdoBasicSearch%3Fed%3D2019%26amp%3Bsd%3D2018%26amp%3Bhp%3D25%26amp%3BQuery%3Dunited%2Bstates%26amp%3Bcty_journal_facet%3Dam91cm5hbA%253D%253D%26amp%3Bso%3Drel%26amp%3BsearchType%3DfacetSearch%26amp%3Bfc%3Doff%26amp%3Bprq%3D%2528dam%2529%2529%2BAND%2B%2528fish%2Bmigration%2529%26amp%3Bswp%3Don%26amp%3Bwc%3Doff&ab_segments=0%2Ftbsub-1%2Frelevance_config_with_defaults&seq=1#metadata_info_tabcontents

 

The future of water law paves the way for agricultural and environmental sharing of water resources. Current climate guides project a wetter warmer West. This journal article discusses the possible impact of competition for water among cities, farms and fish.  The era of dam removal and reservoirs creates a struggle for water allocation.  Farms use too much water for too little return in money. For example the net profit of agricultural use across the Platte Valley in Colorado was about six billion whereas sale of water rights purchases totaled almost 18 billion.  Lockard argues that with climate change, struggles  for water rights will grow.  It is important to evaluate what areas of the water have the most rainfall. Perhaps agriculture needs to move north from California to Washington.  This is evident in the California wine industry.  Also, dams are making a come back.  There is a need for out of the box thinking regarding water storage. He discusses that some argue the United States should not fight to save genetically sensitive animals; we should let the strong survive in changing conditions. Conversely, agressive public trust litigation is an avenue to reallocate water for aquatic ecosystems.  This will force agriculture to consider alternative cropping patterns and less intensive crop uses.

 

Leaving water in streams for fish is a junior water right.  This affects biodiversity because poor water conditions leave fewer options to mate with, so all of the salmon become more genetically similar.  Also, aquatic animals become more susceptible to disease, which can destroy populations.  If Asian carp are allowed to dominate based on Darwinism, those that argue for letting the strong survive will flaunt their lack of thought and foresight. If they have their way, there will be no recreation in the Great Lakes and perch, walleye and smallmouth bass will be decimated.  Lockhart advocates planning ahead, moving crops now and finding innovative ways to store water.  My family has considered purchasing rain basins to collect rain water to drench our cypress trees a few times over the summer.  We are smarter than a simple return to dams and reservoirs.  Lockhart thinking ahead and pinpointing problems is a start.  Now public awareness and media campaigns must follow. I only accessed this article through the MA library subscriptions; it inspires me to start a blog.