The December 2010 issue of Environmental Law and Reporter features How to Take Climate Change Into Account: A Guidance Document for Judges Adjudicating Water Disputes. The article summarizes the manner in which climate change may impact rights and frameworks established under state and federal law concerning water resources and to anticipate the issues that water-related climate claims will pose to legal decision makers. It is intended for use by federal, state, and administrative judges who are confronted with a legal dispute involving a water resource that is alleged to be impacted by climate change. It may be useful as well for attorneys litigating or experts working on water adjudications.
The article arose out of the November 11-12, 2009, workshop, “Water Law and Climate Change,” held in Reno, Nevada, and sponsored by the National Judicial College and Dividing the Waters, a nonprofit organization of federal and state water adjudicators. Jonathan Overpeck, the lead Principal Investigator for the Climate Assessment for the Southwest (CLIMAS) RISA, and Brad Udall, the lead Principal Investigator for the Western Water Assessment (WWA) RISA, both contributed this article.