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State and Local Government Law Commons™
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Full-Text Articles in State and Local Government Law
City Of Helena V. Community Of Rimini, Molly M. Kelly
City Of Helena V. Community Of Rimini, Molly M. Kelly
Public Land & Resources Law Review
After twenty years of adjudication, the Montana Supreme Court affirmed the City of Helena’s right to 13.75 cfs from Ten Mile Creek, the city’s primary water source. The Court found a statute allowing cities and municipalities to exercise water rights that have gone through extended periods of nonuse did not need a retroactive clause.
Hitching Our Wagon To A Dim Star: Why Outmoded Water Codes And "Public Interest" Review Cannot Protect The Public Trust In Western Water Law, Michelle Bryan Mudd
Hitching Our Wagon To A Dim Star: Why Outmoded Water Codes And "Public Interest" Review Cannot Protect The Public Trust In Western Water Law, Michelle Bryan Mudd
Faculty Law Review Articles
This article examines the interrelationship between the public trust and water rights as it is emerging in western states.
Part I of this article describes the traditional public trust principles that apply to waters, as well as the modern judicial trend of extending those principles to water use permitting in the West.
Focusing on an area of particular concern in water codes, Part II analyzes the risky implications of supplanting the public trust doctrine with existing public interest review provisions.
Finally, Part III advances a water use permitting framework that better fulfills the states' public trust responsibilities. Drawing on the …