Ryan Whaley Coldiron Shandy

When it rains, concerns about drought tend to recede.  As this is being written (Sept. 23), Oklahoma has had a wet August and September, south and central Texas has received some rain after a historic 50-year drought that began in 2007, the southeast U.S. is experiencing record flooding after two years of severe drought, and the California wildfire season has started early with the huge San Gabriel fire caused in part by long-term drought in that area.  Some may argue that weather patterns are cylical, and El Nino will bring, or is already bringing, more rain to dry areas.  Others believe global climate change will result in more pervasive drought conditions in historically drier regions such as the lower Midwest as precipitation patterns evolve northward.  Still others contend that much larger areas will suffer permanent drought as the earth becomes hotter.  If that is the case, will enlightened study and management enable Oklahoma and other regions to cope with increased water scarcity? 

Provocative questions like this make Heart of Dryness - a modern environmental case study - a worthwhile read for anyone interested or involved in water law and water rights issues.  As the Conrad-inspired title indicates, the action takes place in Africa - Botswana to be precise - a place which most Americans probably don't give much thought.  But the author, global water journalist James Workman, draws many interesting parallels to Western, Midwestern, and Southeastern U.S. water history including diminishing annual snowpack and the resultant effect on rivers such as the Colorado, drying forests, evaporation of Lake Mead and other reservoirs, water infrastructure aging (there is some amazing information about how much water can leak from old piping), and depletion of groundwater.  The author cites the Ogallala Aquifer as a prime example (some areas of the aquifer are estimated to have less than 25 years groundwater supply left).  For more on the Ogallala Aquifer's current condition see this link: http://www.scientificamerican.com/article.cfm?id=the-ogallala-aquifer&page=4 (Oklahoma appears to be in somewhat better shape vis-a-vis remaining aquifer groundwater supplies than other areas). 

Other fascinating points in Heart of Dryness include the criticism of biodiesel fuel policy.  Producing biodiesel fuel requires massive amounts of water, which the author argues makes little sense when surface and groundwater supplies are at risk, especially when clean natural gas is so abundant in the Midwest (and currently very low-priced)? 

The author argues that strategies of African Bushmen for coping with water scarcity can be adapted and applied in countries like the United States, and offers new perspectives on U.S. policy regarding water law, water rights, and water usage.  One need look no farther than the current lawsuits by Dallas's Tarrant County Water District and the City of Hugo - which seek to invalidate Oklahoma's legislative moratorium on sale of water out-of-state - to see the real-world manifestation of a key Workman thesis - "we do not govern water, it governs us."

Ryan Whaley Coldiron Shandy attorneys are very familiar with Oklahoma water law and water rights issues, similar issues in other states, have represented key clients in such matters, and have spoken at water law conferences and seminars.