Document Type


Publication Date



This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.


Copyright 2007 by The Regents of the University of California.
Reprinted from Ecology Law Quarterly,
Vol. 34, No. 2, by permission of The Regents of the University of California.