| Abstract: | ABSTRACT: Under the riparian doctrine of eastern states, transfers of water to nonriparian lands and, thus, to different river basins, are only possible if the natural flow theory has been modified to allow for reasonable use. Even this adaptation is too nebulous to provide water managers and water users with certainty regarding water transfers. To provide a more precise mechanism for allocating water, 14 eastern states have adopted some form of administrative permitting process. Of these, five states statutorily allow for interbasin transfers of water. Thus far, no states have successfully issued permits for interbasin water transfers but Georgia and South Carolina are positioned to do so. Whether the permitting process will deter court action may rest on the ability of affected parties to negotiate an equitable agreement. |
