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47 Environs: Env't L. & Pol'y J. 1 (2023-2024)

handle is hein.journals/environs47 and id is 1 raw text is: Tenacious Drought and Forever
Chemicals in the Colorado River Basin
Scarlett Forrest*
The Colorado River Basin is in a precarious state. A persistent drought,
referred to by scientists as a megadrought, has plagued the precious water
resource for decades with no end in sight. To make matters worse, a family of
human-made toxic chemicals is polluting the basin. Although toxic, these
'forever chemicals have useful properties that make them a favorite in
everything from firefighting foam to nonstick pans. However, the same properties
that made these chemicals useful can also make them harmful. The basin is under
unrelenting pressure from both the megadrought and these persistent
contaminants. As such, the situation warrants proactive intervention, and basin
states should galvanize and develop a protocol to protect their shared resource.
An effective plan imagines a cooperative federalism structure with authority
vested in basin leadership to nimbly respond to the evolving situation.
Furthermore, the protocol's design should have governance and implementation
measures that pragmatically incorporate the legal and scientific realities ofPFAS
contamination. Specifically, the governance structure suggestions derive from the
basin's own existing water quality program for salinity. For implementation,
assessment recommendations are provided to prioritize identifying those most at-
risk of high exposure.
* Scarlett Forrest is a 3L at the University of Wyoming College of Law. She graduated from Virginia
Tech in 2016 with a B.S. in Environmental Science and had a five-year career specializing in
contaminant remediation before attending law school. She would like to thank Professor Jason
Robison for his mentorship, guidance, and infinite wisdom on the law of the Colorado River. She
would also like to thank her undergraduate water quality professor Dr. Kang Xia and former boss Dave
Hunter for sharing their technical expertise and personal experiences addressing PFAS. She is
eternally grateful to her friend and mentor Chelsea Halley for her insight and willingness to talk about
PFAS for hours. She is also thankful for Ale Sellers and Ilana Bean for their support and helpful
feedback. Last but certainly not least, she thanks her parents for not batting an eye when she told them
she wanted to change careers and go to law school.

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