Law and the Living Colorado River

The Law of the River, which governs the Colorado River, ignores the river's needs as a nested system of aquatic and aquatic-dependent ecosystems. Robert W. Adler proposes acknowledging the legal rights of the river itself and amending the Colorado River Compact to enhance protection of the river's environmental needs and values.

Format: Paperback / softback
Length: 26 pages
Publication date: 31 January 2024
Publisher: University of Utah Press,U.S.

The Colorado River, a vital waterway that spans multiple states and countries, is governed by a complex web of laws and agreements. The so-called "Law of the River," a vast assemblage of interstate compacts, international treaties, federal and state statutes, regulations, contracts, and other legal documents, is intended to manage and utilize the river for human purposes such as irrigation and hydropower. However, a growing body of evidence suggests that this law fails to adequately consider the river as a nested system of aquatic and aquatic-dependent ecosystems. While society has begun to recognize and appreciate the natural values of the Colorado River, the law remains steadfast in its commitment to serving human economies.

Robert W. Adler, a legal scholar, argues that the law must adapt to changing values that prioritize the conservation of natural systems alongside human needs. He proposes acknowledging the legal rights of the river itself, following the recent movement to recognize the rights of nature in other ecosystems worldwide. Recognizing the significant barriers to this proposal within U.S. law, Adler draws upon aspects of international water law to propose a shorter-term strategy. He suggests amending the Colorado River Compact, the primary legal document governing the river's use, to enhance the protection of the river's environmental needs and values.

Adler delivered this lecture on March 17, 2022, at the 27th annual symposium of the Wallace Stegner Center for Land, Resources, and the Environment, jointly sponsored by the Wallace Stegner Center and the Water & Tribes Initiative | Colorado River Basin. His insights shed light on the urgent need to reevaluate the legal framework governing the Colorado River and to ensure that it aligns with the broader goals of environmental conservation and sustainable development.

Dimension: 216 x 140 (mm)
ISBN-13: 9781647691486