Abstract: Water banks—a tool for exchanging senior water rights and offsetting new ones—can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These advantages should lead the Washington State Legislature to incentivize water banks, but in the 2018 “Hirst fix” it embraced habitat restoration as a false equivalent for water. The Legislature is rightfully concerned about the speculation that some private water banks allow. But overall, water banks enable new and productive uses while maintaining water in streams. Moving forward, Washington should embrace water banks for each unique basin’s needs.
Abstract: This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of…
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Abstract: Gun violence is the leading cause of death for children and adolescents in the United States. The harm caused by this public health crisis falls disproportionately on Black and…
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Abstract: This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in…
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