Water, in adequate supply and quality, remains the key environmental challenge in this century. It is not surprising that water-related litigation in the courts, and regulatory developments that are likely to generate more litigation, are increasing. Two key factors drive the disputes: population growth and drought. In the United States, water supply is no longer a concern limited to the arid west.

Population Growth and Drought Drive New Fights. Only about 2.5 percent of the planet’s water is fresh, and more than two-thirds of that fresh water is locked up in the polar ice caps and glaciers. Salt water in the oceans cover about 70 percent of the planet. Accordingly, when the first photograph of earth was taken on Dec. 7, 1972 during Apollo 17, the last manned moon mission, it was named “the blue marble.” When that photo was taken in 1972, earth supported about four billion people. Today, within one generation, there are about seven billion. By 2050, that number is projected at nine billion. These statistics suggest that water consumption is doubling every 20 years. Consumption increases alone will drive water scarcity issues.

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