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Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum
Publications
Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.
Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna
Faculty Scholarship
If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
Faculty Scholarship
Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …