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Water Law

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University of New Mexico

Faculty Scholarship

Series

2012

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Protecting Our Natural Environment, Denise D. Fort Aug 2012

Protecting Our Natural Environment, Denise D. Fort

Faculty Scholarship

We don’t have a framework for protecting the ecological aspects of rivers and streams and that’s what I want to talk about today. We have failed to protect these natural values in our rivers, and my concern as we look toward the future is what sorts of steps Congress should take to stem further damage and to help us restore our rivers and streams.

My first point is that New Mexico should manage water demand rather than investing in large-scale water projects. My second recommendation and that is restoration. Restoration of the state’s rivers is something we had begun to …


The Practice Of Disaster Law, Clifford J. Villa Mar 2012

The Practice Of Disaster Law, Clifford J. Villa

Faculty Scholarship

9/11…Katrina…the BP Oil Spill…Few of us probably want to say that our primary practice area is “Disaster Law,” but the reality is that it is an increasingly potent area of focus for many law firms. Clifford Villa tells us that 2011 was an unprecedented year for disasters in the United States, and unfortunately, like death and taxes—it likely will continue to grow.


Federal Water Law And The 'Double Whammy': How The Bureau Of Reclamation Can Help The West Adapt To Drought And Climate Change, Reed D. Benson Jan 2012

Federal Water Law And The 'Double Whammy': How The Bureau Of Reclamation Can Help The West Adapt To Drought And Climate Change, Reed D. Benson

Faculty Scholarship

No abstract provided.


Public Funding Programs For Environmental Water Acquisitions: Origins, Purposes, And Revenue Sources, Reed D. Benson Jan 2012

Public Funding Programs For Environmental Water Acquisitions: Origins, Purposes, And Revenue Sources, Reed D. Benson

Faculty Scholarship

No abstract provided.


Alive But Irrelevant: The Prior Appropriation Doctrine In Today’S Western Water Law, Reed D. Benson Jan 2012

Alive But Irrelevant: The Prior Appropriation Doctrine In Today’S Western Water Law, Reed D. Benson

Faculty Scholarship

The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …