Water Law Commons^™

Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler

Pace Environmental Law Review

The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …

United States V. Gila Valley Irrigation District, Ryan L. Hickey

Public Land & Resources Law Review

Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.

Pyramid Lake Paiute Tribe Of Indians V. Nevada, Dept. Of Wildlife, David A. Bell

Public Land & Resources Law Review

In Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, the Court of Appeals for the Ninth Circuit upheld a Nevada federal district court decision to vacate the Nevada state engineer’s approval of the transfer of three water applications. While the appeals court recognized the state’s re-watering of wetlands as a “salutary” purpose, it could not allow the engineer’s decision to go forward because it did not meet the legal definition of “irrigation.” The Court made the decision pursuant to two federal court decrees, which resulted from prior actions by the United States to quiet title to …

City Of Livingston V. Park Conservation District, Graham Coppes

Public Land & Resources Law Review

On appeal from the Park County District Court, the Montana Supreme Court upheld the Park Conservation District’s designation of a channel of the Yellowstone River near the City of Livingston as part of the natural course of the river as reasonable and worthy of judicial deference, even though the record demonstrated that the channel had been continuously used as an irrigation conveyance system and local parties had historically referenced the stream with inconsistent characterizations. Looking ahead, this decision illustrates the Court’s strong deference to the resolutions and statutory interpretations of the state’s local conservation districts. To a lesser degree, the …

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

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

William & Mary Environmental Law and Policy Review

This article examines two of the major water legal regimes in the
Americas—that of Brazil and the United States. Both countries have
extensive wet and dry regions and both hydro-regimes face a significant
threat from global warming. Brazil, for instance, is home to between
eight and fifteen percent of the world’s fresh water, and its fast-growing
economy and population present major challenges in management and
allocation. The U.S. also faces major water allocation problems resulting
from past settlement policies; unsustainable reclamation projects; and
also fast-growing domestic, industrial and agricultural demand.

In the United States, water has traditionally been perceived as …

Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna

West Virginia Law Review

No abstract provided.

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

Where East Meets West In Water Law: The Formulation Of An Interstate Compact To Address The Diverse Problems Of The Red River Basin, Ann Marguerite Chapman

Oklahoma Law Review

No abstract provided.

Where East Meets West In Water Law: The Formulation Of An Interstate Compact To Address The Diverse Problems Of The Red River Basin, Ann Marguerite Chapman

Oklahoma Law Review

No abstract provided.

Emergency Power And The Hero Of New Orleans, Abraham D. Sofaer

Cardozo Law Review

No abstract provided.

The Winters Doctrine And How It Grew: Federal Reservation Of Rights To The Use Of Water, Harold A. Ranquist

BYU Law Review

Summary of Contents

Introduction

I. The Historical Setting, Origin, and Scope of the Winters Doctrine

A. The Historical Setting of the Winters Doctrine: Development of the Doctrine of Prior Appropriation

B. The Origin of the Winters Doctrine: Winters v. United States

C. The Scope of the Winters Doctrine: Water Impliedly Reserved to Fulfill the Purposes of the United States in Establishing Reservations and Enclaves by Withdrawals from the Public Domain

II. The Application of the Winters Doctrine to Indian Reservations, Federal Enclaves and Reservations, and the Public Domain

A. Application of the Winters Doctrine to Indian Reservations

1. The nature …

Book Review Of Waters And Water Rights, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.

Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock

Indiana Law Journal

No abstract provided.