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Full-Text Articles in Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen Jun 2018

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa Mar 2018

Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa

Ryan B. Stoa

In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being ...


Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2017

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2016

Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jun 2016

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

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

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly ...


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


Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Apr 2016

Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Water, Water, Everywhere: Surface Water Liability, Jill Fraley Feb 2016

Water, Water, Everywhere: Surface Water Liability, Jill Fraley

Jill M. Fraley

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming ...


Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger Jan 2016

Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger

Faculty Articles

From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth ...


Marketing Conserved Water, Mark Squillace, Anthony Mcleod Jan 2016

Marketing Conserved Water, Mark Squillace, Anthony Mcleod

Articles

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 ...


Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley Dec 2015

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming ...


Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2015

Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins Aug 2015

Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins

Public Land & Resources Law Review

This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-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. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.


Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer Jun 2015

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides


The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle Jun 2015

The Role Of Case Studies In Natural Resources Law [Summary], John Copeland Nagle

John Copeland Nagle

4 pages. "John Nagle, Univ. of Notre Dame Law School" -- Agenda


Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Apr 2015

Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2014

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney Aug 2014

Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney

Richard C. Ausness

The American public of late has shown increasing concern over the quality of the environment. Water pollution has long been recognized as a major threat to a better environment. Municipal, industrial, and agricultural operations all contribute to the pollution problem. Municipalities empty millions of gallons of inadequately-treated sewage into the nation's rivers and streams. Municipal wastes are almost exclusively organic in nature. Currently municipal wastes are estimated to average about ten million tons annually while industrial pollution averages approximately fifteen million tons. Treatment in general is technologically feasible; the primary impediment is financial inability on the part of municipalities ...


Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa May 2014

Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa

Faculty Scholarship

In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being ...


Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


Restoring Sacred Waters: A Guide To Protecting Tribal Non-Consumptive Water Uses In The Colorado River Basin, Julie Nania, Julia Guarino, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2014

Restoring Sacred Waters: A Guide To Protecting Tribal Non-Consumptive Water Uses In The Colorado River Basin, Julie Nania, Julia Guarino, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

105 p. : color illustrations ; 28 cm

Introduction -- Gathering information and starting the process -- Indian federal reserved water rights -- Using Indian federal reserved water rights for instream flows -- Negotiating for non-consumptive uses in settlement agreements -- Protecting non-consumptive uses in tribal water codes -- Other legal tools -- Irrigating for instream flows and traditional plants -- Summary and key points


Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2014

Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond Jun 2013

Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute

65 slides


The "Upper Basin Voluntary Demand Cap" As A Means Of Mitigating Legal Uncertainty In The Colorado River Basin: Modeling Results, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program Jan 2013

The "Upper Basin Voluntary Demand Cap" As A Means Of Mitigating Legal Uncertainty In The Colorado River Basin: Modeling Results, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

15 p. : ill. ; 29 cm


Cross-Boundary Water Transfers In The Colorado River Basin: A Review Of Efforts And Issues Associated With Marketing Water Across State Lines Or Reservation Boundaries, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program Jan 2013

Cross-Boundary Water Transfers In The Colorado River Basin: A Review Of Efforts And Issues Associated With Marketing Water Across State Lines Or Reservation Boundaries, Colorado River Governance Initiative, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

65 p. : charts ; 29 cm


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio Oct 2012

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

David N Cassuto

This article examines two of the major water legal regimes in theAmericas—that of Brazil and the United States. Both countries haveextensive wet and dry regions and both hydro-regimes face a significantthreat from global warming. Brazil, for instance, is home to betweeneight and fifteen percent of the world’s fresh water, and its fast-growingeconomy and population present major challenges in management andallocation. The U.S. also faces major water allocation problems resultingfrom past settlement policies; unsustainable reclamation projects; andalso fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as arenewable and limitless resource, a ...


Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute Sep 2012

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN ...


Montana V. Wyoming: An Opportunity To Right The Course For Coalbed Methane Development And Prior Appropriation, Michelle Bryan Mudd May 2012

Montana V. Wyoming: An Opportunity To Right The Course For Coalbed Methane Development And Prior Appropriation, Michelle Bryan Mudd

Golden Gate University Environmental Law Journal

Part I of this Article provides a brief background on the Yellowstone River Compact and the Montana v. Wyoming litigation. This part further explains the Special Master’s analysis of the CBM issue, as well as the Supreme Court’s recent ruling on improved irrigation efficiency. When viewed together, these decisions provide an important framework for determining how the parties’ regulation of CBM development should proceed. Part II then describes the magnitude of the CBM groundwater pumping issue and asserts that the posture of the Montana v. Wyoming case provides a unique opportunity not only to set Powder River Basin ...


A Water Story With Original Jurisdiction And A Doctrine For Changing Uses, Melosa Granda May 2012

A Water Story With Original Jurisdiction And A Doctrine For Changing Uses, Melosa Granda

Golden Gate University Environmental Law Journal

This is a story of how two rivers in the remote reaches of Wyoming and Montana, and the underlying water, became a federal case before the United States Supreme Court. It is an account of a local water dispute whose resolution will likely impact the course of water law, and more importantly, water throughout the entire country.