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2016

Water rights

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Full-Text Articles in Law

1921 - Third Biennial Report Of The State Water Commission Of California Jul 2016

1921 - Third Biennial Report Of The State Water Commission Of California

Miscellaneous Documents and Reports

The State Water Commission, an administrative and quasi-judicial body having supervision over the acquisition and defining of water rights and the use of water from the natural stream channels and lakes of California, was created to carry out the terms of the Water Commission Act of 1913. The act provided for a definite record of water right titles and constituted a code of water law governing the use of surface water and underground water flowing through known and definite channels, based upon rights by appropriation. The third report of the Water Commission noted the increase in work in terms of …


1901 - Report Of Irrigation Investigations In California Jul 2016

1901 - Report Of Irrigation Investigations In California

Miscellaneous Documents and Reports

The 1901 Report of the Irrigation Investigations in California under the auspices of Elwood Mead, Expert in Charge was premised on the growing value and increasing scarcity of water creating, in turn, the need for better laws to control the distribution of streams in California. In order to promote the more rapid and successful development of the State's resources, the general conclusions of those taking part in the investigations indicated the need for and nature of the reforms required to put agriculture under irrigation on a ore enduring and satisfactory basis.


Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora Jun 2016

Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain

22 slides


Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon Jun 2016

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides


Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council Jun 2016

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


In Re Crow Water Compact, Ariel E. Overstreet-Adkins May 2016

In Re Crow Water Compact, Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

In re Crow Water Compact is the second appeal from the Crow Water Compact, agreed upon by the Settling Parties to distribute and manage water rights amongst themselves. The decision upholds the negotiated Compact for the second time, affirming the Montana Water Court’s decision granting summary judgment to the Settling Parties over objections by the Objectors and approving the Compact by a final order. This decision represents the last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana.


Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee May 2016

Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee

Global Business Law Review

This note argues that California has to create regulations that prevent complete privatization of desalination facilities and protect the public's right to the water. This note provides a model that should be adopted by California in order to safeguard the water and community. There must be legislations and regulations to answer important issues of water rights and distribution of the desalinated water. Israel has utilized and the technology of desalination for half a century and has laws pertaining to water and privatization that can provide insight into what should be adopted by California.


For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau Apr 2016

For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein Apr 2016

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Christine A. Klein

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …


Partial Final Judgment And Decree Of The Water Rights Of The Pueblos Of Nambé, Pojoaque, San Ildefonso, And Tesuque, Usdc, Dcnm Mar 2016

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 …


Tribes And Water In The Colorado River Basin, Colorado River Research Group Jan 2016

Tribes And Water In The Colorado River Basin, Colorado River Research Group

Books, Reports, and Studies

4 pages : charts.

The special nature of tribal water rights -- Quantified water rights -- The Colordo mainstream reservations -- Central Arizona tribes -- Upper basin tribes -- Outstanding / unresolved tribal claims -- The path forward.


A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard Jan 2016

A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard

Books, Reports, and Studies

28 pages : color illustrations.


Proposal For An Enhanced Colorado Water Bank, Anne J. Castle, Lawrence J. Macdonnell Jan 2016

Proposal For An Enhanced Colorado Water Bank, Anne J. Castle, Lawrence J. Macdonnell

Books, Reports, and Studies

4 pages.

Outlines and explains 8 characteristics of an enhanced Colorado water bank.


Enhancing Watershed Planning In Implementation Of The Colorado Water Plan: An Overview Of Implementation Challenges And Opportunities, Douglas S. Kenney Jan 2016

Enhancing Watershed Planning In Implementation Of The Colorado Water Plan: An Overview Of Implementation Challenges And Opportunities, Douglas S. Kenney

Books, Reports, and Studies

25 pages.

Introduction -- Review of existing efforts -- Summary of interviews -- The salience of funding -- Recommendations -- Attachment A: Summary of reviewed watershed plans.


Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski Jan 2016

Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski

Books, Reports, and Studies

37 pages : color pictures, color maps.

Introduction -- Agricultural and environmental enhancements -- An ag and environmental enhancement program for Colorado -- Appendix A: Conservation case studies in Colorado -- Appendix B: Related Colorado water law -- Appendix C: Relevant laws from other states -- Appendix D: Legislative attempts to statutorily recognize conserved water -- Appendix E: The problem of vocabulary


Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands Jan 2016

Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands

Books, Reports, and Studies

51 pages (includes 1 color map)

Introduction -- Definitions -- Water rights -- Change of water right -- Transfers of water rights -- Water sharing agreements -- Losing your water rights ("use it or lose it") -- Preventing the transfer of water out of the acequia -- Conservation easements -- Governing the acequia -- Assessments -- Easements -- Enforcement -- Tort liability -- Water quality -- The Rio Grande Compact -- Main government water entities -- Where can an acequia get legal assistance? -- Appendix I. Water rights : frequently asked questions -- Appendix II. Acequia bylaws : frequently asked …


Marketing Conserved Water, Mark Squillace, Anthony Mcleod Jan 2016

Marketing Conserved Water, Mark Squillace, Anthony Mcleod

Publications

Water law scholars have long supported water markets for addressing critical water needs, especially in arid regions like the western United States, and that support seems to be growing among policymakers as well. But translating academic theories about water markets to the field has proved challenging. To be sure, water can be transferred from one use to another use in all western states, but water markets in those states are not presently capable of providing prospective buyers with a reliable source of water when and where they need it. The reasons are myriad, but are primarily related to the high …


The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein Jan 2016

The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein

Faculty Scholarship

International water agreements are often used as mechanisms for fostering and institutionalizing political cooperation. Yet, since water resources in many places are being driven to the edge of their natural limits, a number of international organizations have formulated legal principles and norms aimed at helping states resolve water disputes. While states have been urged to adopt these principles, it seems that they often embrace other less-traditional alternatives that may better address their own political needs. The aim of this study is to examine why states fail or decline to adopt several of the general principles of customary law formulated by …