Law Commons^™

Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement, The State Of Illinois, The State Of Indiana, The State Of Michigan, The State Of Minnesota, The State Of New York, The State Of Ohio, The Province Of Ontario, The Commonwealth Of Pennsylvania, The Government Of Québec, The State Of Wisconsin

Water Law Documents

1. The objectives of this Agreement are:
a. To act together to protect, conserve and restore the Waters of the Great Lakes—St. Lawrence River Basin because current lack of scientific certainty should not be used as a reason for postponing measures to protect the Basin Ecosystem;
b. To facilitate collaborative approaches to Water management across the Basin to protect, conserve, restore, improve and efficiently and effectively manage the Waters and Water Dependent Natural Resources of the Basin;
c. To promote co-operation among the Parties by providing common and regional mechanisms to evaluate Proposals to Withdraw Water;
d. To create a …

Great Lakes—St. Lawrence River Basin Water Resources Compact

Water Law Documents

The states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania hereby solemnly covenant and agree with each other, upon enactment of concurrent legislation by the respective state legislatures and consent by the Congress of the United States as follows:

ARTICLE 1: SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION

ARTICLE 2: ORGANIZATION

ARTICLE 3: GENERAL POWERS AND DUTIES

ARTICLE 4: WATER MANAGEMENT AND REGULATION

ARTICLE 5: TRIBAL CONSULTATION

ARTICLE 6: PUBLIC PARTICIPATION

ARTICLE 7: DISPUTE RESOLUTION AND ENFORCEMENT

ARTICLE 8: ADDITIONAL PROVISIONS

ARTICLE 9: EFFECTUATION

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Wiley Rutledge And Executive Detention: A Judicial Conscience For His Time And Ours, Craig Green

ExpressO

Wiley Rutledge is a Justice whom biographers forgot -- until John Ferren's recent book. This Review of Ferren's work shows that Rutledge was uniquely important in WWII cases concerning executive detention. Comparing cases from that era to Rasul, Hamdi, and Hamdan, I suggest that Rutledge's legal approach (and the continuation of such efforts on today's Court) uncover two novel arguments for judicial review of military commissions. Rutledge's story also invites us to rethink how we evaluate judicial "heroes," and which judicial biographies are truly worth reading.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

In Re Flood Litigation: When It Rains, The Lawsuits Pour: Considering Social, Public And Economic Policy When Determining Duty In West Virginia, Seth P. Hayes

West Virginia Law Review

No abstract provided.

Of Rainbows And Rivers: Lessons For Telecommunications Spectrum Policy From Transitions In Property Rights And Commons In Water Law, Dale B. Thompson

ExpressO

A number of industries utilize the telecommunications spectrum to provide billions of dollars of services. However, some have noted that technological development and implementation of spectrum applications have not progressed as fast in the United States as in other parts of the world To improve technological development, many have recommended significant changes in United States policy of allocating spectrum, some based on a “property rights” approach, and others based on a “commons” approach. This article takes a novel approach to this problem, by applying lessons from our two hundred year history of water law to spectrum policy. Also, instead of …

Washington's Municipal Water Rights Bill Of 2003: Providing "Certainty And Flexibility" Or Violating The Separation Of Powers Doctrine?, Jason T. Morgan

Washington Law Review

The separation of powers doctrine limits the ability of the legislature to retroactively overrule judicial constructions of existing statutes. It is the province of the judiciary to interpret the law. Once a court interprets a statute, the legislature can only amend that statute prospectively. In the 1998 case of Theodoratus v. State Department of Ecology, the Supreme Court of Washington interpreted the Water Code to require that the proper measure of a water right is the amount of water actually beneficially used, and not the capacity of a water delivery system. In 2003, the Washington Legislature responded to the …

A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein

Faculty Scholarship

When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.

While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …

Swancc'S Clear Statement: A Delimitation Of Congress's Commerce Clause Authority To Regulate Water Pollution, Matthew B. Baumgartner

Michigan Law Review

Perhaps the most controversial aspect of federal water pollution law is wetland regulation. Wetlands are typically marshy or swampy areas with hydrologic soils and vegetation. Their ecological value is widely recognized, but wetlands often stand in the way of lucrative commercial development projects. Thus, the battle over the validity of federal wetland regulation is a classic fight between environmentalists and industry. The wetlands controversy is also paradigmatic of the perpetual struggle to define the constitutional limits to federal regulation. The country's main water pollution control law, the Clean Water Act (CWA), purports to regulate all "navigable waters," which it defines …

Slides: Establish True Basin-Wide Institutions: The Return To The River Basin As The Unit Of Management, Charles W. (Chuck) Howe

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Charles Howe, University of Colorado.

13 pages and 10 slides.

Contains references.

New Mexico Water Stake In The Colorado River, Estevan R. Lopez

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Estevan R. Lopez, Interstate Stream Commission, New Mexico.

2 pages.

Slides: Tightening Water Supplies: Key Colorado River Issues For Wyoming, Patrick T. Tyrrell

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Patrick T. Tyrrell, Wyoming State Engineer.

14 slides.

Slides: The Multi-Species Conservation Program: What It Means For Water Users And The Environment In The Lower Basin, Joe Vanderhorst, Bob Johnson

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Joe Vanderhorst, Metropolitan Water District of Southern California.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

26 slides.

Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Herb Guenther, Arizona Department of Water Resources.

31 slides.

Slides: Statewide Water Supply Initiative And Colorado River Compact Development, Rick Brown

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Rick Brown, Colorado Water Conservation Board.

29 slides.

Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Don A. Ostler, Upper Colorado River Commission.

24 slides.

How Does The Cap Water Bank Influence Short-Term And Long-Term Water Supply Vulnerability In The Basin?, Larry R. Dozier, Bob Johnson

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Larry R. Dozier, Central Arizona Project.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

6 pages (includes color illustrations).

Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Sponsors and Contributors: Colorado Water Conservation Board, Center for Advanced Decision Support for Water and Environmental Systems, Western Water Assessment, CU-CIRES/NOAA, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation for Water Education, Patrick, Miller & Kropf, P.C., William and Flora Hewlett Foundation.

The Colorado River is approaching a crossroads. For the first time in its history, satisfying water demands in one state may require curtailing legally-recognized uses in another. This is not the first instance of water shortages in the region, and conflict among the seven Colorado River states is certainly not new. But the potential shortages on …

History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr.

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Greg Hobbs, Jr., Colorado Supreme Court.

25 pages.

Contains references.

Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Gheleta, US Department of Justice.

53 slides.

Slides: Gila River Indian Community Water Settlement, Rodney B. Lewis

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Rodney B. Lewis, Gila River Tribal Attorney.

60 slides.

Slides: Last In Line: Environmental Impacts Of Increased Colorado River Stress And Shortages, Michael Cohen

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Michael Cohen, Pacific Institute.

35 slides and 34 pages (includes color illustrations and map).

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

The Water Resources Protection Act And Its Impact On West Virginia Water Law, David M. Flannery, Blair D. Gardner, Jeffrey R. Vining

West Virginia Law Review

No abstract provided.

On Integrity: Some Considerations For Water Law, Christine A. Klein

UF Law Faculty Publications

Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.