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Comment by somewhatgoated

6 hours ago

How is it legal? Shouldn’t water be the most regulated (as in protected) substance of all?

It's quite regulated in the western US, but usually in the direction of guaranteeing water to incumbent landowners. Some people end up with really strong water rights, and they can be wasteful if the law helps them do so.

  • A big celebrity, I think one of the Kardashians was a couple of years ago fined and forced to update things when the city found that the big fountain in the front of the home had no recycling or such, but was effectively just an open faucet because I guess keeping it algae free was proving a hassle.

Regulation is not necessarily the same as protecting; as other commenters state the specific regulations around agricultural water use in the drier western united states often encourage wasteful agricultural uses of water.

  • The driest places tend to have the most tightly-regulated water.

    And the wettest places tend to have the least-regulated water.

    (Nobody talks about it because shortages make bigger headlines than surpluses do, but there's a ton of agricultural areas in the US that have too much water and where providing drainage for farm fields is much more commonplace than irrigating them is.

    It doesn't really matter in this context, though, because folks hate datacenters in these water-rich areas just the same as they do everywhere else.)

I don't know the exact situation described above, but water rights are often linked to property rights, and those are regularly treated as sacred. It doesn't matter if the owners are foreigners and the law is outdated. And those with land often have more money and power than the small government with jurisdiction, assuming the lobbyists haven't taken control of the latter.

  • > and those are regularly treated as sacred

    They indeed are treated as sacred, it's enshrined in the Takings Clause of the US Constitution. The big problem in the American West it that the model of property rights in water sources makes it very difficult as a technical matter to put a price on a specific claim and to adjudicate disputes, without triggering a cascade of pricing and rights dilemmas upstream and downstream (figuratively and literally). Western states could in theory exercise eminent domain to take back water rights, and I think they occasionally do, but it's just very fraught from countless legal angles even before getting into the politics of it, which compound the headaches a hundredfold (partly because of the interdependent nature of everybody's rights). Most of the time Western states try to hack around the issues with complicated regulatory and taxing schemes to try to claw back some semblance of control over water resources. But it's very inefficient and ineffective. Property rights are useful because you don't need to centralize all pricing and usage decisions, or when you do--e.g. regulation, taxation, eminent domain--the mechanisms for applying those decisions are simpler and more mechanical; but Western water rights are just a different kind of beast. What's needed is comprehensive reform that tries to shift the American West to a better water rights model, specifically a better model for how property rights inhere in water resources, to drastically improve transactional efficiency, both from a legal and market perspective. But there's no simple way, and in particular no cheap way from a budgetary perspective, to get there even if the motivation existed to get around the monumental collective action problem, which it doesn't.