The Role of Water Doctrines in Enhancing Opportunities for Sustainable Agriculture in Alabama1

Abstract: Alabama is a water rich state. Yet, agriculture is limited in both scale and productivity and the state regularly suffers from drought. Climate variability adds to this paradox even while water users, particularly farmers, have few coping mechanisms. In this paper, we argue that more significant than the water resource itself in Alabama is the governance structure of that resource. The riparian doctrine, as it stands, stymies effective management. The role of water doctrines, and resultant policy, is, therefore, crucial to enhancing decision‐making opportunities for agricultural end‐users in Alabama. After exploring different doctrine types as applied across the states we conclude that a move towards “regulated riparianism” consistent with the American Society of Civil Engineers Regulated Riparian Water Code (2004) would enhance opportunities for both the state and agriculturalists to cope with variable water supply conditions while maximizing environmental benefits. The paper then concludes with a review of the primary objectives of the Water Code and key places where Alabama’s Water Code would need revision to meet these objectives.