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- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (21)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (19)
- Law Faculty Scholarly Articles (10)
- The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18) (8)
- Articles (7)
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- Faculty Articles (7)
- Faculty Scholarship (5)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (5)
- Publications (4)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Sustainable Communities Capacity Building (3)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (3)
- UF Law Faculty Publications (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (2)
- Faculty Publications (2)
- McGeorge School of Law Scholarly Articles (2)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (2)
- The Future of Federal Wetlands Regulation After Rapanos (May 10) (2)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (1)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
- Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14) (1)
- Duke Journal of Constitutional Law & Public Policy Sidebar (1)
- Economics and Finance (1)
- Elisabeth Haub School of Law Student Publications (1)
- Energy Field Tour 2004 (August 4-6) (1)
Articles 1 - 30 of 139
Full-Text Articles in Law
Addressing Interstate Ground Water Ownership: Mississippi V. Tennessee, Alec Sweet
Addressing Interstate Ground Water Ownership: Mississippi V. Tennessee, Alec Sweet
Duke Journal of Constitutional Law & Public Policy Sidebar
Contemporaneous with significant climate change and heightened environmental concerns, the Supreme Court has seen an increasing number of water-related lawsuits between states. These lawsuits include disputes over water storage and water compacts as well as disputes over water usage affecting aquaculture. Scientists predict that in the future, the United States could face rising temperatures, droughts, and natural disasters. If states cannot cooperate to conserve the water they share, these catastrophes could cause immense suffering and numerous conflicts between states. The Supreme Court needs a consistent doctrine to apply in water disputes.
In prior disputes over surface water, the Court has …
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
Articles
No abstract provided.
The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray
The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray
Law Faculty Scholarly Articles
Buda, Texas-a small town that lies between Austin and San Antonio,
on the banks of Onion Creek and above the Edwards Aquifer-is perhaps
best known, though it is not particularly well known, as the "Wiener Dog
Capital of Texas." Buda's claim to this title is based upon its annual
dachshund races, which are opposed by the Dachshund Club of America
but lauded by locals, tourists, and the international press as an "event that
combines the pageantry of the Kentucky Derby and the excitement of
NASCAR with dachshunds, animals known for their small stature." Buda
is certainly unusual in relying so …
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 …
Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez
Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez
Faculty Scholarship
As the drought in Western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less water-demanding crops and state-of-the-art irrigation systems, in a timely manner. However, these responses can have the reverse effect: they can increase water consumption. Technological responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This paper proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.
In the West, which uses the doctrine of prior appropriation to …
Who Owns The Water?, Jesse Richardson
All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez
All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez
Faculty Scholarship
Water usage is governed through a variety of mechanisms, including government administration and market tools. In 2006-2008 Barcelona’s region, a water scarce area, suffered a drought comparable to the one faced today by the US West. This article surveys a variety of techniques which were or could have been used to address these scarcity challenges. Spanish water regulations established water markets in 1999 but neither the design, nor its implementation were optimal. In addition to the design and implementation flaws, the response to the 2006-2008 drought crisis shows how emergency measures highjack water markets as a viable solution to water …
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.
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Faculty Articles
Utilities are challenged with the task of meeting future water demands while generating revenue through the use of the resource. Customarily, utilities base demand projections on subsequent use and calculate price on past consumption. The traditional model of extrapolating cost, based on past consumption, does not allow the utility flexibility to protect the resource in times of crisis. In recent years, water resources have been taxed by population increases and changes in weather patterns. Utilities encourage the use of water at low fees and are unable to conserve during times when the resource is available and cheap. This ineffective rate …
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. …
Got Guts? The Iconic Streams Of The U.S. Virgin Islands And The Law’S Ephemeral Edge, Jesse Reiblich, Thomas T. Ankersen
Got Guts? The Iconic Streams Of The U.S. Virgin Islands And The Law’S Ephemeral Edge, Jesse Reiblich, Thomas T. Ankersen
UF Law Faculty Publications
The legal status of “guts” — the ephemeral streams of the U.S. Virgin Islands that typically flow only after rainfall — is uncertain. Furthermore, it is unclear what, if any, property interest the Government of the Virgin Islands, and the public, have in these watercourses. This uncertainty stems from the non-navigable nature of guts, and is compounded by the Virgin Islands’ unique legal system, a legal system that recognizes at least some Danish law from its colonial past, and has seemingly inconsistent provisions purporting to confer legal and regulatory interests in these guts to the Government of the Virgin Islands. …
Drinking Water Protection And Agricultural Exceptionalism, Margot J. Pollans
Drinking Water Protection And Agricultural Exceptionalism, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
Providing safe drinking water is a basic responsibility of government. In the United States, local water utilities shoulder much of this burden, but federal drinking water law sets these utilities up to fail. The primary problem arises in the context of nonpoint source pollution, where federal drinking water law favors end-of-line clean up by water utilities over pollution prevention by farmers and other nonpoint source polluters. This system is both inefficient and unfair.
Although the Safe Drinking Water Act requires local utilities to provide safe water, it gives them few tools to engage in water pollution prevention and instead emphasizes …
The Human Right To Water: A False Promise?, Stephen C. Mccaffrey
The Human Right To Water: A False Promise?, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Faculty Scholarship
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.
Despite the concerns, little effort has been made to develop broad management, mitigatory, …
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley
Faculty Scholarship
Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.
Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa
Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa
Faculty Publications
Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close.
At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. …
Global Water Resources & Publications, Taryn L. Rucinski
Global Water Resources & Publications, Taryn L. Rucinski
Elisabeth Haub School of Law Faculty Publications
Before we as a society can begin crafting innovative legal solutions to help combat the global water crisis, researchers and experts in the field first need access to sound sources of scientific information. Despite the seeming simplicity of that goal, locating research about water, sanitation, and agricultural conditions, especially in developing countries, can be immensely challenging as it is complicated by issues of language, currency, scope, and accuracy. The purpose of this note is to provide practitioners with a list of free, high quality resources that should help make their research in this area a bit more accessible.
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.
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.
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 …
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center
Issue Brief: Auditing Your Town's Development Code For Barriers To Sustainable Water Management, New England Environmental Finance Center
Sustainable Communities Capacity Building
This issue brief is intended for town officials who want to understand how development regulations in their community affect local water resources. Municipal development codes – the set of regulations that control the built environment – can have a great influence on the availability of clean and healthy water for drinking, recreation, and commercial uses. This in turn affects the community’s social, environmental, and economic vitality.
Comprehensive plans, zoning codes, and building standards are just a few examples of regulations that intentionally or unintentionally regulate the way water is transported, collected and absorbed. Regulations that produce dispersed development or large …
Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw
Slides: What Does Climate Change Mean For Cold Water Fisheries, Stan Bradshaw
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
1 page "Abstract" and 8 slides
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)
30 slides
Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger
Slides: Future Water Availability In The West: Will There Be Enough?, Michael Dettinger
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Michael Dettinger, USGS, Scripps Institution of Oceanography, La Jolla, CA
30 slides
"with contributions from Julio Betancourt, Dan Cayan, & others"
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute
65 slides
World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger
World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger
Faculty Articles
Texas has flourished in recent years, and its continued growth is predicated on access to groundwater resources. Texans have a long-standing dependence on groundwater, which accounts for 60% of all water withdrawn in the state. The State’s ability to provide sufficient groundwater resources depends on effective groundwater management.
Texas groundwater management has a long history of intertwined court decisions and legislation. The common law of groundwater was established by the Texas Supreme Court in accordance with the English common law right of capture. This rule was subsequently modified by the Legislature through the Conservation Amendment to the Texas Constitution, which …
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff
Publications
Three hours west of Phoenix, Arizona, the Colorado River Indian Tribes (“CRIT”), a federally recognized tribe that includes over 3,700 enrolled members of Mohave, Chemehuevi, Navajo, and Hopi descent, occupies a reservation nearly 300,000 acres in size. The CRIT was one of five tribes to have its water rights confirmed in the landmark case of Arizona v. California, and therefore has senior rights to 719,248 acre-feet of Colorado River water, nearly one-third of Arizona’s allocation. How the CRIT came to be a single federally recognized tribe composed of members from four indigenous peoples located on lands that were a fraction …
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar
The Future of Natural Resources Policy (December 6)
18 pages (DO-5 through DO-22).
"Background Reading"
The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
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