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Water Law

Water law

Elisabeth Haub School of Law Faculty Publications

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Articles 1 - 3 of 3

Full-Text Articles in Law

Calming Troubled Waters: Local Solutions, Part I, John R. Nolon Jan 2019

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 …


Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio Jan 2011

Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio

Elisabeth Haub School of Law Faculty Publications

This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …


Emerging Law Addressing Climate Change And Water, Elizabeth Burleson Jan 2010

Emerging Law Addressing Climate Change And Water, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

The World Economic Forum recognizes that while restrictions on energy affect water systems and vise versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.