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Full-Text Articles in Water Law

Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel Jan 2018

Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel

Publications

This class focuses on how international water law principles relate to the construction and operations of on-stream dams. Within this general focus, the following more specific topics are reviewed: (1) upstream/downstream nation rights and obligations relating to the impoundment and release of water from on-stream dams; (2) effect of on-stream dams on fisheries/aquatic habitat and fishers; (3) international environmental impact assessment obligations relating to the construction and operation of on-stream dams; (4) relation of hydro-electric dams to efforts to reduce greenhouse gas emissions associated with energy production.


Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel Jan 2017

Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel

Publications

Following the introduction, Part One documents the effects of on-stream dams on fisheries, aquatic habitat and fishing-dependent communities. In Part Two, the Article examines how principles from international fisheries law (which has traditionally focused more on ocean fisheries than freshwater fisheries) apply in the transboundary river context. Part Three then identifies the rights of upstream/downstream nations under international water law pertaining to the impoundment and release of water from on-stream dams on waterways where fisheries are present. Next, in Part Four, the Article considers how international environmental impact assessment obligations relate to the construction and operation of on-stream dams. Finally, …


Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein Nov 2010

Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein

Golden Gate University Environmental Law Journal

Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water rights entitlement …


Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner Sep 2010

Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner

Golden Gate University Law Review

It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.


New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner Aug 2010

New Ideas For Old Dams: Developing Solutions For A Shrinking Colorado River, David L. Wegner

Golden Gate University Environmental Law Journal

The objective of this article is to discuss the need for a comprehensive and public review of alternative management options for the Colorado River system in the future. Due to the institutional and physical complexity of the basin, this analysis should be accomplished through the use of the National Environmental Policy Act of 1969 (“NEPA”) and incorporating the requirements of the Endangered Species Act of 1973 (“ESA”). We believe this review is necessary due to requirements of the ESA, impacts to the Colorado River delta, and increasing concerns related to the changing climate.