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25 UCLA J. Envtl. L. & Pol'y 249 (2006-2007)
Water Transfers: The Case against Transbasin Diversions in the Eastern States

handle is hein.journals/uclalp25 and id is 253 raw text is: Water Transfers:
The Case Against Transbasin
Diversions in the Eastern States
Christine A. Klein*
ABSTRACT
Water policy in the western states consistently has embraced a
nineteenth century, supply-side mentality, requiring cities and
other water providers to satisfy an ever-growing demand for
water at virtually any cost. As a result, the western states rely
upon thousands of engineered water transfers-even siphoning
water from one side of mountain ranges to the other-in an un-
sustainable attempt to support growth. This article challenges
the conventional reliance upon transbasin diversions as a re-
sponse to shortage. It argues that importing water from distant
watersheds lulls growing communities into a false sense of secur-
ity, subsidizes unsustainable growth, and exacts significant social,
economic, and environmental costs. Although this article recog-
nizes the infeasibility of reducing western reliance upon existing
large-scale transfers, it offers an alternative paradigm for the
eastern states, as many of them begin to face the limits of existing
water supplies. This article argues that communities could
achieve water independence by shifting to a demand-side model
and by nourishing the living rivers essential to both human and
natural ecosystems.
I. INTRODUCTION: MOVING WATER TO THE PEOPLE .. 250
II.  THE  CONTEXT  ......................................  252
A. Transbasin Diversions Defined ................. 252
B. Water Markets Compared ...................... 254
C. Bottled Water Compared ....................... 257
III.  THE  CRITIQUE  ......................................  259
* Associate Dean for Faculty Development and Professor of Law, University of
Florida, Levin College of Law. I would like to thank Ryan Baya and Jonathan Huels
for their invaluable research assistance.

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