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Note: Stephen D. Harrison, Interstate Transfer of
Water: The Western Challenge to the Commerce Clause, 59 TEXAS L.
REV. 1249 (1981). This note considers the constitutional status of water embargoes, in which states prohibit or severely restrict the export of water to neighboring states. Harrison argues that these embargo statutes violate the commerce clause. He asserts that the existing embargo statues are clearly discriminatory under the standards set out by the Supreme Court. He further argues that the defenses deployed by the states that utilize embargoes have been overruled or severely eroded by subsequent cases. Finally, Harrison suggests non-discriminatory alternatives that states could use to meet their conservation goals without violating the Constitution. |
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