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Is There A Right To Life For The Colorado River?, Reed D. Benson
Is There A Right To Life For The Colorado River?, Reed D. Benson
Faculty Scholarship
A recent lawsuit, declaring the Colorado River has legal rights of its own, received national attention in the New York Times and High Country News. While the lawsuit had no chance of success, it highlighted important issues.
Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson
Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson
Faculty Scholarship
This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses—and considers …