Constitutional Law - The Retrogressive Application of Equitable Apportionment in Colorado v. New Mexico, 104 S. Ct. 2433 (1964) - An Ill-Timed Burdening of the Flexible Doctrine
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Authors
Bove, Brian R.
Issue Date
1985
Volume
18
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|Water is essential to all life. Precipitation is the only source of our fresh water supply. Unfortunately, the water needs of a modern America have overtaken nature's ability to replenish the supply, triggering a country-wide shortage. Increased demand for a relatively fixed amount of water has also resulted in keen competition among users. Disputes between states may inevitably erupt over interstate watercourses. If the states are unable to resolve their differences, the United States Supreme Court's original jurisdiction may be invoked to settle the matter. The Supreme Court in Colorado v. New Mexico recently refused to grant Colorado's request for an equitable apportionment of the Vermejo, a small interstate river. The Court found that New Mexico had historically been the sole user of the river. Consequently, Colorado had to show, by clear and convincing evidence, that the diversion was warranted. This Note maintains that the Supreme Court's flawed formulation and improper placement of the burden of proof resulted in an unsound decision. The Court's holding in favor of New Mexico appears to reward that state's continued use of wasteful water practices while simultaneously stunting the potential growth of Colorado communities and industry...
Description
Citation
18 Creighton L. Rev. 771 (1984-1985)
Publisher
Creighton University School of Law