Implications of Sporhase in Water‐Resource Planning

Abstract

Conflicts occur between the commerce clause of the US Constitution and state statutes that forbid the export of water to other states. In Nebraska versus Sporhase, such a conflict was examined and a far‐reaching decision was made. The US Supreme Court held that, except under narrowly defined conditions, it is illegal to apply a statute to prevent the movement of water from one state to another. Water is considered to be a form of commerce similar to wheat or steel. While state planning may be applied to water (its use and supply in the state), it cannot be used to prevent someone from out of state from appropriating water for out‐of‐state uses.