Note:
Scott
Hounsel, Water Associations and Federal Protection Under 7
U.S.C. § 1926(b): A
Proposal to Repeal Monopoly Status, 80 TEXAS L. REV. 155
(2001).
Abstract:
Under
federal law [7 U.S.C. § 1926(b)], private water associations
that receive federal loans for water infrastructure improvements
also receive federal protection from encroachment by
competitors, namely neighboring cities. Because the 1961 law is
poorly worded, the scope of federal protection is unclear, yet
the federal judiciary has transformed private water associations
into monopoly providers for their service areas, even when
actual service is inadequate or incomplete. Worse, states have
been helpless in trying to regulate competition among providers
in rural areas—particularly as development pressures grow from
suburbanization—because their rules are preempted.
Results from Texas and other states show that land
development has been retarded because these private water
associations are either unwilling or unable to provide water for
denser urban development within their monopoly area.
Consequently, the Note argues for repeal or amendment of
1926(b).