Water Law Commons^™

Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa

Articles by Maurer Faculty

Informed by original empirical research conducted in the Midwestern United States, this Article provides a rich and textured understanding of the rapidly emerging opposition to renewable energy projects. Beyond the Article’s urgent practical contributions, it also examines the importance of formalism and formality in contracts and complicates current understandings.

Rural communities in every windblown and sun-drenched region of the United States are enmeshed in legal, political, and social conflicts related to the country’s rapid transition to renewable energy. Organized local opposition has foreclosed millions of acres from renewable energy development, impeding national and state-level commitments to achieving renewable energy targets …

Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adams, Jack Beasley, Rebekah Bratcher, Justin Clas, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde

EENRS Program Reports & Publications

This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws.

The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and …

Taking Back The Beach, Lora Naismith

Student Scholarship

The numerous effects of anthropogenic climate change, including sea-level rise, continue to make global changes to our environment. With greenhouse gas emissions come warmer temperatures, melting glaciers, and a higher sealevel. In an attempt to address the rising sea, communities have the option to protect the shoreline, alter structures to be able to remain in the area, or abandon the area as the sea rises. The Texas coast alone is home to roughly 6.5 million people and provides jobs to nearly 2.5 million of those people. As the sea continues to rise, the Texas coast is subject to more severe …

There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier

Articles

In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A global study ranking cities most vulnerable to losses from flooding lists Miami first in the United States and sixth globally; Tampa-St. Petersburg is listed as 16th globally.[2] Yet there are no state statutes or regulations in Florida that require a seller or landlord to make flood-related disclosures to homebuyers and renters. In contrast, while varying in scope, 29 states require flood-risk disclosures in real estate transactions.[3] Though Florida should be leading in this arena, in an evaluation of nationwide flood …

Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell

Faculty Works

The availability of water or the lack thereof has influenced the evolution of each state and the laws of each state. The development of water law naturally grew from the realities of water and other resources in different areas of the country and the need for water for industry, agriculture, and other enterprises. The evolution and development of water management in Montana provide a good example of water management in the western United States. From the beginnings of Montana and of the West as a region, water sat at the top of the list of essentials for human occupancy and …

Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

19 slides

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Journal Articles

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

They Had Nothing, Charles Wilkinson

Publications

No abstract provided.

Anti-Waste, Michael Pappas

Faculty Scholarship

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …

The Increasing Privatization Of Environmental Permitting, Jessica Owley

Articles

No abstract provided.

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …

Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater

Amicus Briefs

Arkansas Game & Fish Commission v. United States of America, on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.: Brief of Professor Robert H. Abrams and Professors of law teaching in the property law and water rights fields as Amici Curiae in support of Respondent

Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Will Fargher, National Water Commission, Australian Government

18 slides [4 have titles only and are missing images]

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz

All Maxine Goodman Levin School of Urban Affairs Publications

In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.

To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …

Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO

14 slides

Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Adam Schempp, Environmental Law Institute, Washington, DC

12 slides

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

20 slides

Slides: Opportunities: Softer Paths?, Sarah Bates

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Sarah Bates, Public Policy Research Institute, University of Montana

2 slides

Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Craig Bell, Western Water States Council, Midvale, Utah

9 slides

Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona

24 slides

Slides: Indian Water Rights, Robert T. Anderson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School

19 slides

Slides: Economic Incentives For Demand Reduction, Christopher Goemans

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University

17 slides

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides

Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Kay Brothers, Southern Nevada Water Authority (SNWA), Las Vegas, NV

37 slides

Slides: Northern Integrated Supply Project, Northern Front Range--Colorado, Don Carlson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Don Carlson, Northern Colorado Water Conservancy District

20 slides

Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO

26 slides