When the Law Dulls the Edge of Chance: Transferring Upper Basin Water to Lower Colorado River Basin

Guy, David J.

Journal: Utah Law Review

Volume: 1991

Year: 1991

Bluebook Citation: 1991 UTAH L. REV. (1991)

Author: David J. Guy: all 4 publications


Abstract

The visual imagery and title of a 1915 painting by Charles Marion Russell foreshadowed modern interbasin water transfer problems in the Colorado River basin. The painting, entitled When the Law Dulls the Edge of Chance, depicts two lawmen holding a gunslinger at bay with his arms raised in the frustration of surrender. Today, like Russell's lawmen, legal, political and economic institutions are holding potential users of the Colorado River at bay. These institutions restrain the transfer of water to the southwest United States with the same force as an old Western Colt 45 revolver.

Demand for water resources in Arizona, California and Nevada is intense due to the burgeoning population in this semi-arid region. As their demand for water increases, these Lower Colorado River Basin states likely will look to the Colorado River to quench their thirst. The Lower Basin's apportionment, however, is oversubscribed, prompting these states to seek water from the water abundant Upper Basin. Because Lower Basin users will pay more for municipal and industrial water than agricultural users in the Upper Basin, a redistribution of water could occur from the Upper to the Lower Basin.

Political pressure could also contribute to this redistribution.

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