Category: 2025

By Brittany K. Johnson & Mekha Pereira. On the Colorado River, as hydrology becomes drier and operations become more challenging, a lawyer and a hydrologist take turns addressing what it really means to comply with the Lee Ferry delivery obligation in…

By Molly Woodward. Outer space is filled with stars, planets, galaxies, nebulae, and a startling number of space debris objects. This space debris is a problem, threatening current and future space exploration, as well as people on earth. This article proposes…

By Heather Tanana, Cora Tso, & Crystal Tulley-Cordova. This article examines the paradox facing tribal communities in the Colorado River Basin who, despite holding some of the most senior water rights, continue to face significant barriers to accessing their rightful allocations.…

By Crispin T. South. Under McClanahan v. Arizona State Tax Commission, States are categorically preempted from taxing the income of an Indian who lives within his own Tribe’s reservation and gains his income from reservation sources. Later cases have distinguished McClanahan, holding that…

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…

By Scott A. Miltenberger, Ph.D. Building on prior scholarship, “We Must Judge the Future by the Past” explores the impact and historical significance of the 1931–40 dry period for the Colorado River Basin. It places this decadal drought in context and…

By Rhett B. Larson. The United States of America has a “national obligation” to its southern and downstream neighbor, Mexico, to share the Colorado River. This obligation was created by the 1944 Rivers Treaty and incorporated into domestic law in the…

By Elizabeth S. Kness. In May of 2024, the Bureau of Land Management promulgated a rule that prioritized restoring natural resources on public lands and placed conservation on par with land uses like mining and grazing. The rule and lawsuit challenging…

By Hannah Bernier. Arizona is at the crossroads of rapid population growth and increased uncertainty about future water supplies. Land use planning and water management are essential tools to balance housing availability and affordability with the resource limitations of living in…