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Commerce clause restrictions on state export bans of ground waters

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https://ir.library.oregonstate.edu/concern/graduate_projects/9s161673r

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  • Recent U.S Supreme Court and federal district court decisions have found statutes prohibiting the export of ground water across state boundaries to be an impermissable burden on the Commerce Clause of the U.S. Constitution. These judicial decrees will have far-reaching implications on the future of the federal-state role in the allocation of interstate ground waters. Interstate compacts negotiated between the states and ratified by Congress will continue to prove an effective mechanism to accomplish the states' management objectives to preserve and conserve water as a valuable resource. Interstate compacts will also offer the states protection against possible erosion of their authority to act in this area arising from subsequent interpretations of the case law described.
  • KEY WORDS: Water law, interstate ground water allocation, Commerce Clause, interstate compacts.
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