Water Allocation Under Administrative Regulation: Some Economic Considerations

Increased competition and conflict among users of water have caused eastern states to investigate alternatives to their common law doctrines dealing with water use, and the legislative trend is toward greater state administration in water management. As a part of this trend, Florida has enacted an administrative water law (Florida Water Resource Act of 1972) based upon a model water code suggested for eastern states. The economic efficiency implications of the allocation processes allowed by the code and the Florida act are examined herein to indicate how more effective use of basic economic principles could increase efficiency of water allocation under an administrative system. Since the present body-of-water law has evolved over time and any modifications must be consistent with this body of law, eastern surface and groundwater law is reviewed first. Then, water allocation under administrative water law, with a focus on the code and the Florida water act, is discussed. Alternative approaches to water allocation which have potential for improving economic efficiency are discussed last.