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University of Missouri School of Law

Articles 1 - 10 of 10

Full-Text Articles in Water Law

The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel Jul 2016

The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel

Journal of Dispute Resolution

This Article sets out to examine the potential for arbitration to be effectively employed by states in the resolution of transboundary freshwater disputes. Part II will describe the unique nature of TFDs, briefly examine the international law principles governing such disputes as well as the main mechanisms used for their resolution, and evaluate their adequacy. Part III will suggest a new approach to interstate arbitration, intended to ‘revive’ it in the context of TFD resolution. The first element of this approach calls for a return to the original purpose and true nature of arbitration, which rather than constituting a purely …

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Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis Apr 1990

Federal And State Water Quality Regulation And Law In Missouri, Peter N. Davis

Faculty Publications

This article discusses that law in two parts. The first part examines the federal and Missouri waste discharge regulatory system. The second part analyzes common law rights and remedies related to water pollution.

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Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis Jan 1988

Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis

Faculty Publications

Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …

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The Riparian Right Of Streamflow Protection In The Eastern States, Peter N. Davis Jan 1982

The Riparian Right Of Streamflow Protection In The Eastern States, Peter N. Davis

Faculty Publications

This article analyzes the extent to which the riparian doctrine can be employed to protect minimum streamflows for purposes of maintaining fish and wildlife habitat, recreational use capacity and waste assimilative capacity of watercourses in the eastern states.

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Eastern Water Diversion Permit Statutes: Precedents For Missouri, Peter N. Davis Jan 1982

Eastern Water Diversion Permit Statutes: Precedents For Missouri, Peter N. Davis

Faculty Publications

This Article examines the need in Missouri for a water diversion permit statute and suggests the form such a statute should take.

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State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis Jan 1978

State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis

Faculty Publications

This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.

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Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis Jan 1974

Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis

Faculty Publications

This article will describe how the courts have utilized the common law to deal with the groundwater pollution problem. I have attempted to examine every groundwater pollution case reported in the United States, England, Ireland, Scotland, Canada, Australia and New Zealand.10 All of them, a total of 203, are listed in the Appendices. The purpose of this article is to analyze those cases to determine what rule the courts tend to use in particular kinds of groundwater pollution cases.

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Wells And Streams: Relationship At Law, Peter N. Davis Apr 1972

Wells And Streams: Relationship At Law, Peter N. Davis

Faculty Publications

Groundwater constitutes one of the major sources of water for municipalities, irrigators, and rural dwellers. Conflicts between groundwater users are bound to arise from time to time, as is evidenced by a recent Missouri case, Higday v. Nickolaus, discussed elsewhere in this issue.' Such conflicts may increase in frequency in the future as the demand for groundwater increases. Although a majority of cases will involve allocation of groundwater between users of that class of water, many groundwater diversion cases will involve adverse effects on the flow of water in streams. It is –to the latter situation that this article is …

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Theories Of Water Pollution Litigation, Peter N. Davis Jan 1971

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.

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Australian And American Water Allocation Systems Compared, Peter N. Davis Jan 1967

Australian And American Water Allocation Systems Compared, Peter N. Davis

Faculty Publications

Amid general plenty, local and regional shortages of water have appeared in the eastern United States.1 These shortages are largely the result of intense concentrations of water demand on the more important rivers-rivers which, for the most part, are heavily polluted This problem is heightened by the fact that the location of major population and industrial centers has only partially depended on availability of water supplies. In many areas, local surface and ground water supplies are inadequate and water must be imported to make up the deficit." Moreover, demands on water supplies for supplementary irrigation, for hydro-electric power, and for …

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