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8 Ariz. J. Envtl. L. & Pol'y 1 (2017-2018)
Water Exchanges: Arizona's Most Recent Innovation in Water Law and Policy

handle is hein.journals/arijel8 and id is 172 raw text is: 

                   Arizona  Journal of Environmental  Law  &  Policy
Volume   8                           Summer  2018                                      Issue 3



                                      Foreword

                                  Water  Exchanges:
             Arizona's Most  Recent  Innovation  in Water Law   and Policy

                                   Robert Glennon'


                                      Abstract

       The  words  Arizona  and progressive  are seldom used  in the same  sentence
but, when  it comes to water, Arizona has a distinguished record of innovation in water
law  and  policy. This  article explores novel  solutions to water   shortages recently
developed  by  Arizona  water lawyers  and  managers.  It draws on  presentations at an
Arizona Water  Law  conference hosted by the Arizona College  of Law Rogers  College of
Law  in December  2017. The  recurring tool is water exchanges, that is, the substitution of
one type of water for another, such as Colorado River water delivered through the Central
Arizona Project for groundwater. Exchanges  have become   a reliable and valuable tool to
solve seemingly intractable engineering challenges.

       Lest I be perceived as simply a shill for my adopted State, I'll also critique some
foibles and missteps in water management. Arizona water managers  are chasing a
rainbow  in pursuing augmentation in the form of desalination from ocean water off the
coast of California or Mexico.


                                   Table of Contents
    I.     Introduction
    II.    Challenges
    III.   Necessity is the Mother of Invention
    IV     The Innovation  Continues
    V      Failures


1 Regents' Professor and Morris K. Udall Professor of Law and Public Policy, University of Arizona, James
E. Rogers College of Law. I am enormously grateful to Katherine Henrichs and Alex Erwin, both students
at the College and Sol Resnick Fellows, for terrific editorial suggestions. And I want to give special thanks
to Katherine for converting my motley file of references into footnotes.
[ Portions of this Foreward were published in the Arizona Republic in a series on Managing Arizona's
Water. See Robert Glennon, Does Arizona have enough water?, ARIZONA REPUBLIC (Apr. 8, 2018),
https://www.azcentral.com/story/opinion/op-ed/2018/04/08/does-arizona-have-enough-water-
glennon/484149002/; Robert Glennon, 6 innovative water policies that helpedArizona grow during a
drought, ARIZONA REPUBLIC (Apr. 10, 2018), https://www.azcentral.com/story/opinion/op-
ed/2018/04/10/arizona-water-policy-innovative-groundwater-conservation-glennon/499898002 ; Robert
Glennon, 2 not-so-smart things Arizona has done in the name ofwater, ARIZONA REPUBLIC(Apr. 18,
2018), https://www.azcentral.com/story/opinion/op-ed/2018/04/18/arizona-water-supply-desalination-
desert-rivers-glennon/501468002/.