By Stuart L. Somach.
Section 301(b) of the Colorado River Basin Project Act subordinates post-1968 Arizona entitlements, including the Central Arizona Project, during Lower Basin shortages. This Article argues that the provision violates constitutional limits on Congress’s authority under the equal sovereignty doctrine and related federalism principles. Applying Shelby County v. Holder’s three-part framework and drawing on anti-commandeering precedent, the Article contends that § 301(b) uniquely and unjustifiably diminishes Arizona’s sovereign interests in water allocation and is therefore constitutionally vulnerable.