In an age of increasing interjurisdictional water conflict and water management concern, the list of accomplishments of the Boundary Water Treaty of 1909 (BWT), reached in a harmonious manner, raises the possibility that, perhaps, the management mechanisms of the BWT might beneficially be used in other contexts. This Article will take up that possibility in the context of three contemporary American interstate water allocation disputes. These disputes are (1) a relatively simple cross-border complaint by a downstream state, South Carolina, that North Carolina cities are using too much water of the Catawba River; (2) the basin-wide dispute regarding water use and allocation in the Apalachicola-Chattahoochee-Flint Basin; and (3) the claim of the State of Mississippi that the water utility company serving Memphis, Tennessee and its growing urban area, is violating Mississippi's rights and those of her citizens to groundwater of the regional Sparta Aquifer.
Robert H. Abrams, Boundary Waters Treaty of 1909 as a Model for Interjurisdictional Water Governance, 54 Wayne L. Rev. 1635 (2008)