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Best Best & Krieger LLP Managing Partner Eric Garner was recently quoted in a Daily Journal article on two differing water proposals, illustrating the competing narratives and interests surrounding the Colorado River water law and the West. The U.S. Bureau of Reclamation asked the seven states that depend on the Colorado River to come up with a water reduction plan to help figure out how to manage the dwindling water supply and balance the competing interests claiming it.

“There is a possibility that the federal government will impose cutbacks. For the federal government to get involved and say what the cuts are, that’s unchartered territory. Whoever doesn’t like that will sue them,” said Eric Garner.

Later in the article, Garner says, “The federal government is going to drive this. If they don’t put the pressure, why would the states reach an agreement? Some people like the status quo.”

He goes on to say, “Usually there has to be some litigation before these things get resolved. In all fairness, some things on the Colorado River worked out with some negotiation, but it’s unusual with water. Usually, litigation breaks out, money gets spent, and someone takes a punch.”

Subscribers can read the full article, “Dueling Water Sharing Proposals Might Draw In US Government,” here.

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