Conflicts Associated with Exempt Wells: A Spaghetti Western Water War

Abstract

Abstract:The saga over exempt wells in the western United States and Canada epitomizes a new type of water conflict – a spaghetti‐western water war. The political melodrama stars local governments to serve as sheriff of water‐supply planning duties. Exempt wells number in the millions, and herding the growing numbers is testing the mettle of the states and provinces responsible for the management, allocation, and protection of natural resources. The separation of laws governing ground water and surface water, coupled with changes in geography and geology within a jurisdiction, compound the administrative riddle and give rise to a broad spectrum of conflicts, from differing interpretations of hydrogeologic data, economic impacts associated with increasing the herd, to differing identities associated with the use of ground water from the exempt wells. Despite the political melodrama of exempt wells, there is room and willingness for other trails and paths to keep the herd intact. This paper describes the different breeds of conflicts associated with exempt wells and gives examples of how the mysterious stranger of collaborative decision making processes and water governance systems can ride into town and lead to successful water management and conflict resolution.