For more than 30 years, Dividing the Waters has served the needs of judicial officers adjudicating complex water conflicts by offering education, information, and a network of colleagues available to help each other. In June 2024, the National Judicial College integrated DTW into its curriculum and programming.
History. In 1993, Dividing the Waters began as a discussion forum for those presiding over large general stream adjudications, which can involve thousands of parties and require years to resolve. As water litigation evolved, so did DTW. Today, it addresses the most critical water issues judicial officers address, including climate change, water quality, endangered species, and the challenges of growing cities. In the wake of extreme droughts, state courts began seeing more water cases, and some created “water judge” programs that worked with DTW to help judges learn how best to adjudicate conflicts where the public interest is at the center of the dispute.
The Vision. Dividing the Waters prepares judicial officers to apply the law, science, and good judgment in efficiently and effectively adjudicating water‐related cases by educating them and connecting them in a supportive and collaborative network. Some participants specialize in water litigation and others have long histories with complex adjudications, but the newest members of the network may only recently have received their first assignment of a water case. All are welcome.
State Court Participation. State courts can support Dividing the Waters and contribute to developing the latest educational resources on water through the production of on-line/on demand courses. The first of these, on water science and on the basics of water law, are now available to judicial officers in state courts that have financially supported their creation. For more information on how your state can participate, contact Alf Brandt at alfb@judges.org.
Academic Freedom Statement. Dividing the Waters provides a forum for judicial officers to discuss issues in a manner that allows them to best serve the public and the judicial system. To encourage open discussion and debate among participants, DTW maintains the confidentiality of such discussions, consistent with the Canons of Judicial Ethics, while adhering to The National Judicial College’s Academic Freedom Statement.
In Closing. We hope you will consider joining DTW, whether you have or anticipate being assigned a water law case, or simply have an interest in an issue so important to our times. Subscriptions to the network are free of charge, and subscribers will receive the monthly Network Note.