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

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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