Water Law Commons^™

California’S Curse: Perpetual Drought And Persistent Land Development, Gabrielle Kavounas

San Diego Law Review

This Comment argues that the California state legislature should take direct control of private water use rights through legislation that amends California’sConstitution Article X, Section 2, providing the state with the police powerto take back private water rights and centralize control over water management and distribution.[1] It also recommends imposing higher requirements for land development and water agency cooperation in standard form, state-controlled“general plans” to create efficiency in distributing water throughout the stateand in planning new land developments. The public trust doctrine, eminentdomain doctrine, and regulatory takings doctrine are possible justifications the state could use to effectuate the new legislation. …

Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen

San Diego International Law Journal

This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan

San Diego International Law Journal

The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …

United States V. Locke, 529 U.S. 89 (2000)

San Diego Law Review

The Ports and Waterways Safety Act (PWSA) authorizes, but does not require, the United States Coast Guard to enact prophylactic measures for regulating ocean vessel traffic, protecting waterway navigation, and protecting the marine environment. I The United States Supreme Court recently decided that individual states do not have the authority to enact oil tanker laws and regulations that are more restrictive than the federal

PWSA. Citing the Supremacy Clause, z the Supreme Court, in United States v. Locke, 3 held that a federal determination that a vessel is sufficiently safe to navigate United States waters trumps contrary or inconsistent state …

Toward A Universal Rule For The Reasonable Disposition Of Surface Waters In California, Adam C. Lenain

San Diego Law Review

In designing a rule of reasonableness for the disposition of surface waters in California, the California Supreme Court has expressly considered the competing policies of equity and the promotion of development. The Author argues that another policy, overall economic efficiency, should be given equal consideration as the other policies because it promotes efficient use of resources and encourages the parties to come to solutions that lessen potential damage. This Comment analyzes the rules announced in Locklin v. City of Lafayette and Keys v. Romley. The Author questions the need for two different rules and proposes an integrated rule that addresses …

Water Resources Control Board, L. Blaney, T. Kemp

California Regulatory Law Reporter

No abstract provided.