About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

38 Tex. Tech L. Rev. 1011 (2005-2006)
Whiskey Is for Drinking, Water Is for Fighting: A Texas Perspective on the Issues and Pressures Relating to Conflicts over Water

handle is hein.journals/text38 and id is 1025 raw text is: WHISKEY IS FOR DRINKING, WATER IS FOR
FIGHTING: A TEXAS PERSPECTIVE ON THE
ISSUES AND PRESSURES RELATING TO
CONFLICTS OVER WATER
by Suzanne Schwartz*
I.  THE STATE OF TEXAS  ..................................  1011
II.  SURFACE W ATER  .....................................  1012
A.  Re-Use  .........................................  1014
B.  Interbasin  Transfer ................................  1015
C. Amendments/Four Corners ......................... 1017
D.  Environmental Flows  ..............................  1018
III.  GROUNDWATER  ......................................  1020
IV. CONFLICT ISSUES IN PLANNING .......................... 1023
V.  CONCLUSION  .........................................  1024
I. THE STATE OF TEXAS
The State of Texas has large quantities of water, but not where it is most
needed.' It has a rural, agricultural background, but a vibrant and continually
growing urbanization.2 Its people need to withdraw water from its rivers and
streams and want to fish and swim in them also.3 Its cities rely on the
discharged effluent of cities farther upstream, and those upstream cities want
to further use the water they have previously sent downstream.4 In short,
Texas has water conflicts.
The Texas Water Plan for 2002 projects that in a drought of record,
Texas's currently developed supplies of water will fall short of its projected
demands in some areas of the state.' The gap between currently developed
supplies and projected demands will increase through the fifty-year planning
period, with much of the increased demand coming from municipal use.6 This
growing demand from Texas's cities is driving much of the conflict in the state
-conflict between urban and rural or agricultural areas, conflicts among cities
* Program Director for the Center for Public Policy Dispute Resolution, Austin, Texas. J.D.,
University of Texas School of Law.
1. See 1 TEx. WATER DEV. BD., WATER FOR TExAs-2002 at 63-68 (2002), available at
http://www.twdb.state.tx.us/publications/reports/State-Water-Plan/2002/WaterforTexas2OO2.pdf
[hereinafter TEX. WATER DEV. BD.]
2.  Id. at 3-4.
3.  See id. at 59-60.
4.  See id. at 63-68.
5.  See id. at 2-3.
6.  See id. at 12.

1011

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most