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Articles 1 - 26 of 26
Full-Text Articles in Law
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Golden Gate University Environmental Law Journal
By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment of …
Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace
Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace
Golden Gate University Environmental Law Journal
The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major water supply …
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Golden Gate University Environmental Law Journal
The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction …
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Golden Gate University Environmental Law Journal
Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water rights entitlement …
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Golden Gate University Environmental Law Journal
This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
Golden Gate University Environmental Law Journal
This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …
Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin
Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin
Golden Gate University Environmental Law Journal
No abstract provided.
How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock
How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock
Golden Gate University Environmental Law Journal
The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for water. Predicting the future is impossible, but the most conservative …
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Golden Gate University Law Review
For decades, the Anacostia River -- its shoreline, waterfront neighborhoods and watershed -- has been neglected by parties responsible for its stewardship. The river's water is severely polluted; obsolete transportation infrastructure isolates neighborhoods and divides Washington into areas "east" and "west" of the river; public parks are underutilized and suffer from chronic disinvestment; and several communities along the river are among the poorest in the metropolitan Washington region. With the river forming a boundary between race and class and with over 70 percent of the river's lands in public ownership, the need to rethink the management of this urban river …
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
Golden Gate University Law Review
This paper will detail the vision for a transformed Detroit Riverfront, the efforts to realize the vision, and lessons learned to date. Specifically, the article will focus on the creation of the Detroit RiverFront Conservancy, Inc. (DRFC), a non-profit organization that is charged with facilitating the transformation through a strong public-private partnership. Section I will provide the background on the Detroit River, important demographics regarding the riverfront and early work on the vision. Section II and III will highlight the work of the DRFC and the project details. Finally, Section IV covers key success factors and challenges, focusing on important …
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Golden Gate University Law Review
Reversing the flow of the Chicago River is just one of many interventions to the natural system. In section II, the authors trace the historical use of innovative engineering approaches for managing the Chicago River. Then, the article analyzes two current engineering solutions that continue the pattern of human intervention. Section III turns to the tunnel and underground reservoir project, the vast system of deep tunnels designed to manage wastewater and storm water flooding. Section IV reviews the aquatic nuisance species dispersal barrier or electric fence as it is commonly referred to. This barrier is a last ditch effort to …
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Golden Gate University Law Review
This article addresses the background of this historically significant creek, its encapsulation early in the twentieth century, and a modern-day attempt to daylight the creek using legislation originally enacted as part of the Clean Water Act. The article also traces the background leading to the national movement towards the current trend of restoring rivers and streams, which began in the 1970s, and has continued to the present time. The article also looks briefly at the Brownfields Showcase Project which spurred the daylighting. It will also explore in detail the US Army Corps of Engineers' ("USACE") efforts under the ecosystem restoration …
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Golden Gate University Law Review
During the past decade, the L.A. River has become a subject of intense re-examination, a major topic of policy debate, and a new kind of environmental icon. It has increasingly come to symbolize the quest to transform the built urban environment from a place seen as representing violence and hostility for communities and for Nature, to one of rebirth and opportunity." To re-envision the Los Angeles River as a place of community and ecological revitalization rather than an exclusive and dangerous flood channel fenced off from the communities that surround it provides a powerful message of renewal for urban rivers …
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
Golden Gate University Law Review
This Article emphasizes how the Santa Clara Valley Water District (SCVWD), the Guadalupe-Coyote Resource Conservation District (GCRCD) (as the plaintiff in the several complaints), and other parties developed a joint scientific record as the basis for their negotiations, and how the resulting settlements use adaptive management to assure cost-effective restoration in the face of continuing uncertainty about the impacts of SCVWD's water supply and flood protection facilities. Section I addresses the settlement of a water rights complaint brought against the SCVWD to modify the operation of its water supply system in the upper reach of the river. Section II explores …
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Golden Gate University Law Review
It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Golden Gate University Law Review
In Peterson v. Department of the Interior the Ninth Circuit held that section 203(b) of the Reclamation Reform Act of 1982 (RRA), a comprehensive amendment of the Federal Reclamation Act, did not unconstitutionally take the property of state Water Districts in California's Central Valley without due process or compensation. The court found that pre-existing water delivery contracts with the Bureau of Reclamation did not confer a constitutionally protectable right to receive federally subsidized water upon the Water Districts. In Peterson, the first ruling by any circuit court on a direct challenge to the RRA, the Ninth Circuit examined the retroactive …
Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good
Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good
Golden Gate University Law Review
This comment will examine whether Imperial extends the Board's subject matter jurisdiction to include article X, section 2 violations by riparian rights owners. Board power over post-1914 appropriative rights will be examined. Next, pre-1914 appropriative rights and Imperial will be discussed. It is apparent that Imperial supports an expansion of the Board's jurisdiction to include adjudication of article X, section 2 violations of riparian rights, but that such jurisdiction is not affirmatively established.
The Jordan River Basin And The Mountain Aquifer: The Transboundary Freshwater Disputes Between Israel, Jordan, Syria, Lebanon And The Palestinians, Rose M. Mukhar
Annual Survey of International & Comparative Law
This study discusses the settlement of water disputes in the Middle East and focuses on two disputes in particular relating to the Jordan River basin and the Mountain Aquifer in the West Bank. There is a genuine need for an all-inclusive approach by the parties utilizing these international transboundary waters. The first dispute relates to the sharing of the surface water of the Jordan River basin between Israel, Jordan, Lebanon, Syria and the Palestinians of the West Bank. The second dispute concerns the shared utilization of the ground water resources from the Mountain Aquifer that extends from the West Bank …
Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye
Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye
Golden Gate University Environmental Law Journal
This Comment proposes a comprehensive solution that could generate enormous water savings by increasing the efficiency of agriculture. Part II outlines the basics of California water law, specifically focusing on laws pertaining to water conservation and transfer. Part III analyzes the systems used in three other states to deal with water shortages and declining ecosystems. Part IV presents a proposal for conserving agricultural water, promoting irrigation efficiency through an educational outreach program, and using the water-transfer market as an economic incentive for efficiency. This proposal supplements the recommendations of the Strategic Plan with practical implementation analysis and achievable goals.
New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner
New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner
Golden Gate University Environmental Law Journal
The objective of this article is to discuss the need for a comprehensive and public review of alternative management options for the Colorado River system in the future. Due to the institutional and physical complexity of the basin, this analysis should be accomplished through the use of the National Environmental Policy Act of 1969 (“NEPA”) and incorporating the requirements of the Endangered Species Act of 1973 (“ESA”). We believe this review is necessary due to requirements of the ESA, impacts to the Colorado River delta, and increasing concerns related to the changing climate.
The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton
The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton
Golden Gate University Environmental Law Journal
This article suggests criteria for determining when existing dams should be removed and for evaluating proposals for new dams. Section II offers a historical overview of dam building in California. Section III discusses current issues concerning evaluation of removal, repair, and expansion proposals for existing dams in the state. Section IV outlines issues, including funding and impacts, related to recent proposals for the construction of additional dams and reservoirs.
Beyond And Beneath O'Shaughnessy Dam: Options To Restore Hetch Hetchy Valley And Replace Water And Engergy Supplies, Gerald H. Meral
Beyond And Beneath O'Shaughnessy Dam: Options To Restore Hetch Hetchy Valley And Replace Water And Engergy Supplies, Gerald H. Meral
Golden Gate University Environmental Law Journal
Section II of this article presents an overview of the natural, human, and political histories concerning Hetch Hetchy Valley and the construction of O’Shaughnessy Dam. Section III then considers the options available to replace water and energy supplies that would be reduced by dam removal. Section IV evaluates the benefits, costs, and financing alternatives related to the proposed removal of O’Shaughnessy Dam and the restoration of Hetch Hetchy Valley. Section V identifies some of the legal issues and obstacles involved in the proposed dam removal, and Section VI describes the Valley as it might be after it is restored.
Tribal Advocacy For Elwha River Dams Removal On Washington's Olympic Peninsula, Russell W. Busch
Tribal Advocacy For Elwha River Dams Removal On Washington's Olympic Peninsula, Russell W. Busch
Golden Gate University Environmental Law Journal
This article details the history and current status of Elwha River Dams removal from a tribal perspective. Section II recounts the Elwha Tribe’s struggle to remain in its homeland in the years after the Treaty of Point No Point. Section III highlights the Tribe’s more recent efforts to protect its treaty fisheries and cultural heritage, and Section IV presents an early example of Washington State’s appalling inability to protect its salmon streams. Section V summarizes the legal history of the Elwha Dams, and Section VI discusses the efforts of the Federal Energy Regulatory Commission to retain licensing jurisdiction on the …
Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel
Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel
Publications
This article assesses the extent to which the concepts of climate proofing and climate policy coherence have found expression in continental natural resource regimes established in North America and Europe. The article first examines the recognition of these concepts within three North American crossborder regimes directly impacted by climate change: the Waters Treaty between Mexico and the United States; the Pacific Salmon Treaty between Canada and the United States; and the North American Waterfowl Management Plan between Canada, Mexico and the United States. Next it considers the extent to which these concepts are reflected in recent European initiatives related to …
Wastewater Resources: Rethinking Centralized Wastewater Treatment Systems, Land Use Planning And Water Conservation, Colin Crawford
Wastewater Resources: Rethinking Centralized Wastewater Treatment Systems, Land Use Planning And Water Conservation, Colin Crawford
Publications
This article aims to contribute to the debate about the legal and regulatory failure to search for imaginative-and immediate-solutions to questions of wastewater management. Following this introductory section, Part I examines the existing, highly centralized models of wastewater treatment in the United States. To do so, Part I first examines federal environmental law and regulation relating to wastewater treatment. In addition, Part I briefly looks at a sampling of state laws affecting wastewater treatment and concludes that neither federal law nor typical state laws express a preference for centralized wastewater treatment-the dominant and default method for wastewater treatment in the …