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Full-Text Articles in Law
Water Forum 2006, Susan Kelly
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
Natural Resources Journal
No abstract provided.
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
Natural Resources Journal
No abstract provided.
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
Natural Resources Journal
No abstract provided.
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
Natural Resources Journal
No abstract provided.
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Publications
No abstract provided.
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Publications
No abstract provided.
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Publications
No abstract provided.
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
Natural Resources Journal
No abstract provided.
An Environmental Pool For The Rio Grande, Kara Gillon
An Environmental Pool For The Rio Grande, Kara Gillon
Publications
The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Faculty Scholarship
The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Faculty Scholarship
This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Faculty Scholarship
Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …
A Few Ironies Of Western Water Law, Reed D. Benson
A Few Ironies Of Western Water Law, Reed D. Benson
Faculty Scholarship
We have a truly outstanding panel of speakers this morning to discuss issues and history relating to water resources in the American West. Water, of course, has always been scarce out here. Some nineteenth century maps of the United States had the words "Great American Desert" written broadly across the West, and that characterization reflected how many people viewed the West in that era. The story goes that President Grant sent a cabinet member to the West with orders to report back on "what it is they need out there." The secretary dutifully wrote back saying, "All this place needs …