105 Iowa L. Rev. 1827 (2020)

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Abstract

The equitable apportionment doctrine is the judicial apportionment remedy for interstate water conflicts. It has undergone refinement in the years since the United States Supreme Court established it in 1907. However, as this Note will argue, the current landscape of the equitable apportionment doctrine proves to be problematic and ill-equipped to manage increasingly technical and party-heavy disputes over water between states. This Note presents a background about the development of the differing water rights regimes in the United States. Additionally, it will explain the equitable apportionment doctrine by examining the pivotal Supreme Court cases from which the doctrine is derived. This Note will also demonstrate how the equitable apportionment doctrine has become problematic in its current state. Finally, this Note will propose a bifurcated litigation process to mitigate the negative consequences of the problematic equitable apportionment doctrine as it currently stands.