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Water Law Commons

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Environmental Law

Brigham Young University Law School

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Full-Text Articles in Water Law

Public Lands In Public Hands: Analysis Of The Underpinnings Of Utah’S Public Trust Doctrine, Brittany Bunker Thorley Nov 2022

Public Lands In Public Hands: Analysis Of The Underpinnings Of Utah’S Public Trust Doctrine, Brittany Bunker Thorley

BYU Law Review

Utah Lake, the largest freshwater lake in the third driest state, is a vital, yet underappreciated natural resource. In 2018, the Utah State Legislature passed the Utah Lake Restoration Act in an attempt to restore and enhance the lake’s ecological and recreational value. Yet the new law has been met with strong public resistance because it leaves the lake vulnerable to exploitation and further ecological degradation, a concern made real by a proposed development plan that would build a city of islands on top of the lake. Community members cite specific concerns about threats to native species, disruption of water …


Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray Dec 2014

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …


The Uncertainty Surrounding Grazing And Section 401 Of The Clean Water Act: Predicting The Outcome Of Oregon Natural Desert Association V. Dombeck, Daryl G. Ward Mar 1999

The Uncertainty Surrounding Grazing And Section 401 Of The Clean Water Act: Predicting The Outcome Of Oregon Natural Desert Association V. Dombeck, Daryl G. Ward

Brigham Young University Journal of Public Law

No abstract provided.


International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock May 1996

International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock

Brigham Young University Journal of Public Law

No abstract provided.