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- University of Colorado Law School (80)
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- St. Mary's University (3)
- University of New Mexico (3)
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- Florida A&M University College of Law (2)
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- Publication Year
- Publication
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- Faculty Scholarship (8)
- Publications (8)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (7)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (6)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (5)
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- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (4)
- Water and Growth in the West (Summer Conference, June 7-9) (4)
- Western Water Law in Transition (Summer Conference, June 3-5) (4)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Articles (3)
- Groundwater in the West (Summer Conference, June 16-18) (3)
- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (3)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Faculty Publications (2)
- Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Journal Publications (2)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (2)
- UF Law Faculty Publications (2)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (2)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (2)
- Articles by Maurer Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
Articles 1 - 30 of 111
Full-Text Articles in Law
Current Challenges In The Rio Grande/Río Bravo Basin: Old Disputes In A New Century, Regina M. Buono, Gabriel Eckstein
Current Challenges In The Rio Grande/Río Bravo Basin: Old Disputes In A New Century, Regina M. Buono, Gabriel Eckstein
Faculty Scholarship
The Rio Grande River traverses 2000 kilometres of the international border between Mexico and the United States. The river and its tributaries are governed by a series of border treaties and institutions, as well as under the domestic laws of each nation. Often lauded for enabling innovative and collaborative governance, in recent years the complicated regime has come under pressure as domestic and international water governance institutions struggle under the strain of climate change, population growth, and other stressors on water supply and demand in the region. This chapter considers three of the major challenges currently facing the Rio Grande …
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
UF Law Faculty Publications
Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article dubs such phenomenon “groundwater exceptionalism,” and identifies groundwater as an under-theorized aspect of both property law and water law. It brings to light the numerous legal doctrines infected by exceptionalism, including state water rights law, the federal reserved rights doctrine, the apportionment of interstate waters, and …
Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek
Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek
Marine Affairs Institute Staff Publications
No abstract provided.
Fisheries Reliant On Aquifers: When Groundwater Extraction Depletes Surface Water Flows, Paul Stanton Kibel, Julie Gantenbein
Fisheries Reliant On Aquifers: When Groundwater Extraction Depletes Surface Water Flows, Paul Stanton Kibel, Julie Gantenbein
Publications
IN CALIFORNIA, surface waters have historically been regulated as if they were unconnected to groundwater. Yet in reality, surface waters and groundwater are often hydrologically connected. Many of the rivers that support fisheries such as salmon and trout are hydrologically dependent on tributary groundwater to maintain instream flow. This means that when there is intensive pumping of tributary groundwater, the result can be reductions in instream flow and damage to fisheries. For this reason, stakeholders concerned with adequate instream flows for fisheries in California's rivers, streams, and creeks need to be effectively engaged in the implementation of California's Sustainable Groundwater …
Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman
Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman
Articles, Chapters in Books and Other Contributions to Scholarly Works
Eighty-three years after the Dust Bowl, residents of America’s High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner. The Ogallala Aquifer provides a significant amount of America’s agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. This Article argues that policymakers should slow the Aquifer’s depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …
An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel
An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel
Publications
The California American Water Company's Monterey Peninsula Water Supply Project (Cal-Am Project) is a proposed desalinization facility in Monterey County that was approved by the California Public Utilities Commission (CPUC) in September 2018. The Cal- Am Project would treat water pumped from inland coastal groundwater aquifers-the Dune Sand Aquifer and the 180-Foot Aquifer-rather than water pumped directly from the ocean. The Cal-Am Project's pumping of these coastal aquifers is expected to result in increased seawater intrusion in groundwater.
The Marina Coast Water District and the City of Marina filed petitions with the California Supreme Court alleging violations of the California …
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
No abstract provided.
Owning Groundwater: The Example Of Mississippi V. Tennessee, Christine A. Klein
Owning Groundwater: The Example Of Mississippi V. Tennessee, Christine A. Klein
UF Law Faculty Publications
In Mississippi v. Tennessee, a case currently on the U.S. Supreme Court’s docket, Mississippi claims that it owns all groundwater stored underneath its borders that does not cross into Tennessee under “natural predevelopment” conditions—before the advent of modern well technology. Mississippi seeks more than six hundred million dollars for pumping by Tennessee wells that tap into a geologic formation that underlies both states. This is a remarkable claim that departs from the almost uniformly established proposition that the states do not “own” the water within their borders, but instead are authorized to manage that water for the “use” of …
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Slides: Drought In The Murray Darling Basin: A 100 Year Perspective, Daniel Connell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Daniel Connell, Australian National University
22 slides
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Slides: Murray-Darling Basin, Australia, Tony Mcleod
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Tony McLeod, MDBA, Murray-Darling Basin Authority
17 slides
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Slides: Scarcity And Bc's Water Future - The Evolution Of Western Water Law?, Oliver M. Brandes
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Oliver M. Brandes, University of Victoria
28 slides
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenters:
Michael Douglas, University of Western Australia, Charles Darwin University
Sue Jackson, Griffith University
35 slides
Slides: Water Management In Spain, Teodoro Estrela
Slides: Water Management In Spain, Teodoro Estrela
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Teodoro Estrela, Júcar River Basin Authority, Spain
15 slides
Unlimited Rights In A Water-Scarce World? Quantification Of Dormant Rights To Common Pool Groundwater, Jennifer L. Harder
Unlimited Rights In A Water-Scarce World? Quantification Of Dormant Rights To Common Pool Groundwater, Jennifer L. Harder
McGeorge School of Law Scholarly Articles
No abstract provided.
Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger
Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger
Faculty Articles
From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth. …
Slides: Never Let A Crisis Go To Waste, Lester Snow
Slides: Never Let A Crisis Go To Waste, Lester Snow
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lester Snow, Executive Director, California Water Foundation
39 slides
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University
32 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Michael Cohen, Senior Research Associate, Pacific Institute
29 slides
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Professor Bonnie Colby, Departments of Agricultural and Resource Economics and Hydrology and Water Resources, University of Arizona
23 slides
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its meaning, then examines how the term has been applied in the context of tributaries and wetlands, isolated waters, groundwater, and EPA’s unitary theory of navigable waters. The author then analyzes EPA and the Corps’ 2014 proposed amendments to the definition of “waters of the United States,” and concludes that those amendments may resolve much of the interpretive crisis.
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Laura Belanger, P.E., Water Resources Engineer, Western Resource Advocates
14 slides
2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
1 page.
This Conference is presented by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, in conjunction with the Air-Water-Gas Sustainability Research Network. Technological advances for extracting oil and gas from shale deposits have ushered in a new era of energy development in key resource-rich pockets throughout the US. In this event, we review the ongoing efforts of governments and industry to develop the regulatory and management practices necessary to protect water and air resources, drawing on the latest scientific research to tackle areas of uncertainty and to inform future action.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Law Faculty Scholarly Articles
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Scientific, Legal, And Ethical Foundations For Texas Water Law., Gabriel Eckstein, Amy Hardberger
Scientific, Legal, And Ethical Foundations For Texas Water Law., Gabriel Eckstein, Amy Hardberger
Faculty Articles
Water law is the field of law concerned with the ownership, control, and use of water resources, both surface and subsurface. Although most closely related to property law, recent developments in other legal fields, especially in environmental law, have heavily influenced the interpretation, application, and development of water law. As a result, water law today encompasses a broad perspective and often takes into account individual and community rights, environmental issues, commerce and economics, and other societal and legal concerns. Significantly, modern water law is also an interdisciplinary practice. In light of the continuously expanding body of knowledge of the hydrologic …
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Groundwater Challenges In Spain: Lessons From The Western Mancha Aquifer, Pedro Martinez-Santos
Publications
No abstract provided.
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides