Law Commons^™

Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva

Cornell Journal of Law and Public Policy

No abstract provided.

Rivers Of The Homeland: River Restoration On Indian Reservations, Daniel Mccool

Cornell Journal of Law and Public Policy

No abstract provided.

The Value Of Water And The Meaning Of Water Law For The Native Americans Known As The Haudenosaunee, Joyce Tekahnawiiaks King

Cornell Journal of Law and Public Policy

No abstract provided.

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

'There It Is: Take It' Endangered Species And Water Management In The San Francisco Bay Delta, W. David Ball

Faculty Publications

This paper explores endangered species and water management in the San Francisco Bay Delta. Two endangered species, the Delta Smelt and the Winter-run Chinook Salmon, use the Bay Delta for crucial portions of their life cycle. At the same time, California's agricultural industry, as well as population centers to the South, require substantial outflows of Bay-Delta water. The paper explores the multi-jurisdictional regulation of the Bay-Delta's water, takes a hard look at the purported success of the Environmental Water Account (EWA) program, and reports on the tensions between scientists at regulatory agencies and the political appointees who oversee them. We …

Ecosystem Services In The Klamath Basin: Battlefield Casualties Or The Future?, A. Dan Tarlock

All Faculty Scholarship

The Upper Klamath Basin in southern Oregon and northern California has long been characterized by its aridity, remoteness from population centers, and short growing season. Today, the entire Klamath Basin is known for the intensity and bitterness of the competing demands for its limited, dependable water supplies. The Upper Basin irrigation community's entrenched water entitlements, enjoyed undisturbed for a century, are being challenged by Indian tribes, government and non-governmental entities acting to enforce the Endangered Species Act (ESA), and Lower Basin fishing communities. Over a century of intensive upstream irrigation diversions and dams has produced a highly stressed ecosystem from …

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel

Publications

This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.

Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz

Publications

Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.

At the end of this review, our finding is that the Texans' NAFTA water claim against …