Larson & Hendel: Advancing Water Security in Colonias
In Advancing Water Security in the Colonias, Rhett Larson and Dylan Hendel (both Arizona State University College of Law) examine possible solutions to water insecurity in the impoverished, unincorporated U.S.-Mexico borderland communities of Arizona known as colonias. By assessing colonias policy implemented by the federal government and those of the other three border states of Texas, New Mexico, and California, the authors explore both the challenges facing Arizona colonias’ residents and the possible legal reforms and opportunities that may be available.
Federally, there are a variety of programs that allow colonias to access grants and funding to improve water access and water quality. For instance, the Rural Housing Service created a water and wastewater disposal program which provides colonias with grants to connect service lines or install water fixtures, among other improvements. Additionally, federal statutes like the Safe Drinking Water Act (SDWA) authorize states to regulate to ensure that water systems in the colonias meet the SDWA’s water quality standards.
At the state level, the authors explore how Texas, New Mexico, and California take a variety of approaches to colonias regulation. California’s approach is the most stringent, with strict regulation preventing new colonias and monitoring water access within subdivisions. New Mexico provides enforcement mechanisms in its regulatory statutes that colonias often lack the resources to access. Texas uses less regulatory oversight and supports colonias self-governance. Like California, Arizona has not “legally recognized the status of colonias as communities requiring different policy solutions.” In contrast, both New Mexico and Texas support self-help solutions.
Based on these models, the authors propose that state “legislatures [should] . . . formalize their relationships with colonias and empower them to prosper just as they are.” This involves adapting pre-existing state programs like Arizona’s Groundwater Management Act or its Assured Water Supply Program to specifically address issues facing the colonias. The authors also note that a law school clinic could be particularly helpful in this setting. For instance, clinicians could initiate citizen suits to force communities to comply with the federal SDWA. In sum, the authors’ approach to water insecurity in the colonias balances the importance of water regulation against the continued ability of these places to practice “self-determination.”
This digest was written by Kaitlyn Moore, a 2023 graduate from the University of Nebraska College of Law. This digest was prepared as part of Professor Jessica Shoemaker's Rural Lands Seminar.
