The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have diminished the available water. These factors have exacerbated existing threats to protected fish species, such as greater variability in stream flows, increased water temperatures, fertilizers and overfishing. The consequences are playing out before federal and state administrative agencies and courts and will be felt by the public, which depends on surface water supplies.

Originally published in International Municipal Lawyer Association’s Municipal Lawyer magazine - September/October 2016.