Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States 1

Hathaway, Deborah L., 2011. Transboundary Groundwater Policy: Developing Approaches in the Western and Southwestern United States. Journal of the American Water Resources Association (JAWRA) 47(1):103‐113. DOI: 10.1111/j.1752‐1688.2010.00494.x Abstract:  The western and southwestern United States include dozens of groundwater basins that cross political boundaries. Common among these shared groundwater basins is an overlay of differing legal structures and water development priorities, typically, with insufficient water supply for competing human uses, and often, a degraded ecosystem. Resolution of conflicts over ambiguously regulated groundwater has clarified transboundary groundwater policy in some interstate basins, while transboundary groundwater policy in international basins is less evolved. This paper identifies and contrasts approaches to transboundary groundwater policy, drawing from recent conflicts and cooperative efforts, including those associated with the interstate compacts on the Arkansas and Pecos Rivers; the Hueco and Lower Rio Grande Basins shared by New Mexico, Texas, and Mexico; and the Mexicali Basin in California and Mexico. Some efforts seek to fit groundwater policy into existing surface water allocation procedures; some strive for a better fit – incorporating scientific understanding of key differences between groundwater and surface water into policy frameworks. In some cases, neither policy nor precedent exists. The collective experience of these and other cases sets the stage for improved management of transboundary groundwater; as such, challenges and successes of these approaches, and those contemplated in several hypothetical model agreements, are examined.