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- Native American Water Rights Settlement Project (64)
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- 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)
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- Coalbed Methane Development in the Intermountain West (April 4-5) (5)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (5)
- Faculty Articles (4)
- 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)
- Groundwater in the West (Summer Conference, June 16-18) (3)
- Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10) (3)
- Indigenous Water Justice Symposium (June 6) (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)
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- 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)
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- 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)
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- 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)
- All Faculty Scholarship (1)
Articles 1 - 30 of 190
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 …
2021 Final Butte Reduction Works (Brw) Smelter Area Mine Waste Remediation And Contaminated Groundwater Hydraulic Control Site Phase Iii Quality Assurance Project Plan (Qapp), Pioneer Technical Services, Inc.
2021 Final Butte Reduction Works (Brw) Smelter Area Mine Waste Remediation And Contaminated Groundwater Hydraulic Control Site Phase Iii Quality Assurance Project Plan (Qapp), Pioneer Technical Services, Inc.
Silver Bow Creek/Butte Area Superfund Site
No abstract provided.
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 …
From Mono Lake To The Atmospheric Trust: Navigating The Public And Private Interests In Public Trust Resource Commons, Erin Ryan
Scholarly Publications
This Article partners a summary of the Mono Lake story — one of the all-time great tales of environmental, property, and water law — with additional historical context, expanded legal analysis, and new reporting on contemporary public trust developments, especially Juliana vs. United States and the unfolding atmospheric trust climate litigation. The Mono Lake case and its progeny — in which the public trust doctrine has been applied in contexts ranging from takings litigation to groundwater management to fracking regulation and now to climate change — prompt reflection about the way the public trust doctrine navigates complex conflicts between public …
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 …
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
No abstract provided.
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: 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
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: 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: 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: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
25 slides
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
4 pages
Contains 1 footnote
Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.
Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan
Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan
Indigenous Water Justice Symposium (June 6)
Poh-Ling Tan, Griffith University
13 slides
Vol. 7 No. 2, Spring 2016; Muddy Waters: Why Polluted Groundwater Infiltrating Navigable Waters Should Not Be Excluded From National Pollutant Discharge Elimination System Permitting, Tad Juilfs
Northern Illinois Law Review Supplement
The debate over whether the Clean Water Act has jurisdiction over migratory groundwater in the same way that it does over navigable waters of the United States (regarding effluent standards) has left a wide split among courts attempting to interpret and apply the policy, goals, and language of the law. The problem lies in the difference between applying the law given its objectives and goals, or in a strict fashion using simply the language in the text of the Clean Water Act, while supplementing support from legislative and case law history. First in this Note, background information is provided regarding …
Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm
Native American Water Rights Settlement Project
Court Decree: Partial Final Judgment and Decree of the Water Rights of the Pueblos of Nambé, Pojoaque, San Ildefonso, and Tesuque
Parties: Pueblos of Nambé, Pojoaque, San Ildefonso, Tesuque.
Contents: Approval of Settlement Agreement p. 2; Acquired Water Rights p. 3; Nambé Water Rights p. 3; Pojoaque Water Rights p. 5; Tesuque Water Rights p. 7; San Ildefonso Water Rights p.9; Limitations p. 11; Enforcement, Administration, Held in Trust p. 12.
Attachments: Attachment 1, p. 13: Nambé irrigation uses, domestic, community, commercial and industrial uses, livestock uses; Attachment 2, p. 25: Pojoaque irrigation uses, domestic, community, commercial and industrial …
Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm
Partial Final Judgment And Decree On The Water Rights Of Taos Pueblo, Usdc, Dcnm
Native American Water Rights Settlement Project
Court Decree: Partial Final Judgment and Decree on the Water Rights of Taos Pueblo: Parties: Taos Pueblo, New Mexico, USA, Town of Taos, Taos Valley Acequia Association, El Prado Water and Sanitation District, 12 Mutual Domestic Water Consumer Associations. Recitals; Approval of Settlement Agreement; Contract Rights to Water from San Juan - Chama Project; Historic and Existing Use Water Rights; Historically Irrigated Acreage; Municipal, Domestic, and Industrial Use; Livestock Use; Groundwater Rights; Disclaimers; Records of Water Use; Change of Use; Rights Held in Trust; Conclusions; Entry and Modification of Decree. 38 Exhibits: 5973-1 Taos Pueblo Settlement Agreement; 5973-2, Att. 1 …
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. …
Conjunctive Groundwater Management As A Response To Social Ecological Disturbances: A Comparison Of Four Western U.S. States, Sonya Ziaja, Zachary P. Sugg, Edella C. Schlager
Conjunctive Groundwater Management As A Response To Social Ecological Disturbances: A Comparison Of Four Western U.S. States, Sonya Ziaja, Zachary P. Sugg, Edella C. Schlager
All Faculty Scholarship
Recent severe droughts in U.S. western and Great Plains states have highlighted the challenges that socio-ecological disturbances can pose for governing groundwater resources, as well as the interconnections between groundwater and surface water and the need to manage the 2 in an integrated way. Conjunctive management recognizes these interconnections and can be used to mitigate disturbances and achieve a variety of water management goals. However, comparative studies of how and to what extent various states have implemented conjunctive management strategies are few. Here we compare and assess the use of conjunctive management practices in 4 western state —Arizona, California, Nebraska, …
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: 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: 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: 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