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Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Natural Resources Journal
Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.
Introduction, Natural Resources Vii Journal
Introduction, Natural Resources Vii Journal
Natural Resources Journal
No abstract provided.
Acknowledgements, Natural Resources Viii Journal
Acknowledgements, Natural Resources Viii Journal
Natural Resources Journal
No abstract provided.
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Natural Resources Journal
Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
Natural Resources Journal
In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …
Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang
Natural Resources Journal
Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Natural Resources Journal
Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Natural Resources Journal
No abstract provided.
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Natural Resources Journal
Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources I. Journal
Front Matter, Natural Resources I. Journal
Natural Resources Journal
No abstract provided.
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
Natural Resources Journal
No abstract provided.
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Natural Resources Journal
No abstract provided.
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Natural Resources Journal
No abstract provided.
Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter
Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter
Natural Resources Journal
No abstract provided.
Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist
Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist
Natural Resources Journal
No abstract provided.
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton
Natural Resources Journal
No abstract provided.
Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai
Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Stefan Carpenter, Elizabeth Baldwin, Daniel H. Cole
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Stefan Carpenter, Elizabeth Baldwin, Daniel H. Cole
Natural Resources Journal
Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and socialecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …
California Water Reallocation: Where'd You Get That?, Damian Park
California Water Reallocation: Where'd You Get That?, Damian Park
Natural Resources Journal
When thirsty, Californians often avoid going to the market for more water. Instead, they might borrow some from their rich neighbors, they might sue them or more commonly, they simply take more from users without much of a voice (e.g. the fish or future generations). These alternatives are often superior to using markets. Within markets, a surprising detail emerges – it is uncommon for farmers to fallow fields in order to sell water to another user. Rather, many water transfers are structured so sellers can have their cake and eat it too. While some of these transfers rightly bring about …
Going Down To The Water, John Fleck
Rethinking Water Governance: Moving Beyond Water-Centric Perspectives In A Connected And Changing World, Rob C. De Loë, James J. Patterson
Rethinking Water Governance: Moving Beyond Water-Centric Perspectives In A Connected And Changing World, Rob C. De Loë, James J. Patterson
Natural Resources Journal
From the “water-centric” perspective that is common within the world’s large and diverse water community, water is of central importance, and improving water governance is self-evidently essential. Some water problems can be addressed using watercentric approaches such as watershed management. Unfortunately, evidence is mounting that suggests that many other water problems cannot because their causes and drivers, at scales from local to global, are partly or wholly external to those traditionally considered within the water sector. Water governance in these cases needs to better account for a range of external connections that strongly influence water-related outcomes of concern and contribute …
The Political Cultures Of Irrigation And The Proxy Battles Of Interstate Water Litigation, Burke W. Griggs
The Political Cultures Of Irrigation And The Proxy Battles Of Interstate Water Litigation, Burke W. Griggs
Natural Resources Journal
Groundwater depletion ignores the political boundaries of western states, the legal boundaries of western water codes, and the jurisdictional boundaries of western water federalism. In the wake of the groundwater revolution, it is becoming apparent that certain interstate lawsuits derive essentially from deeper conflicts rooted in the clash between surface-water and groundwater irrigation communities—and their respective political cultures. The interstate divide may be yielding to the hydrological divide. This article attends to that deeper relationship between irrigation agriculture and political culture across the Great Plains. Part I provides a brief history of its surface-water irrigation communities, to compose a recognizable …
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes
Natural Resources Journal
This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …
Trial And Error: How Courts Have Shaped Prior Appropriation In New Mexico, Matthew G. Reynolds
Trial And Error: How Courts Have Shaped Prior Appropriation In New Mexico, Matthew G. Reynolds
Natural Resources Journal
This systematic review of New Mexico prior appropriation case law from 1883 to the present employs a thematic chronology in four parts spanning approximately three decades each, including the following topics. Part One covers the initial conflict between prior appropriation and riparian common law and early interpretations of the 1907 Water Act. In Part Two, courts contrast the 1907 Act with the old arid region doctrine and justify the integration of groundwater into prior appropriation. Diminishing supplies and increasing usage drive Part Three’s concentration on proceedings to change places of use and points of diversion, at times deferring issues of …
Mythical River: Chasing The Mirage Of New Water In The American Southwest, By Melissa Sevigny, Logan Glasenapp
Mythical River: Chasing The Mirage Of New Water In The American Southwest, By Melissa Sevigny, Logan Glasenapp
Natural Resources Journal
Book Review
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan
Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan
Natural Resources Journal
Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …
Water Is For Fighting Over: And Other Myths About Water In The West, By John Fleck, Selena Sauer
Water Is For Fighting Over: And Other Myths About Water In The West, By John Fleck, Selena Sauer
Natural Resources Journal
Book Review