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 …

Bounding Forward, Robert L. Fischman

Articles by Maurer Faculty

In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.

Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish

Articles by Maurer Faculty

For scholars of international law and international dispute resolution, the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement may seem a mixed blessing. On the one hand, they promise environmental cooperation and management of the Great Lakes at an unprecedented scale. The agreements have been heralded as a tremendous advancement in state-provincial relations. On the other hand, international scholars should be nervous for what the agreements signify for international law and dispute resolution. The Compact and Agreement are remarkable for replacing an already functioning regulatory regime: the 1909 Boundary Waters Treaty, administered by the International Joint Commission.

This …

The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman

Articles by Maurer Faculty

This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, …

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Water Supply In The Northeast: A Study In Regulatory Failure, Ann Judith Gellis

Articles by Maurer Faculty

No abstract provided.

Geothermal Development And Western Water Law, A. Dan Tarlock, Owen Olpin, Carl F. Austin

Articles by Maurer Faculty

No abstract provided.

No Water For The Woods: A Critical Analysis Of United States V. New Mexico, A. Dan Tarlock, Sally K. Fairfax

Articles by Maurer Faculty

No abstract provided.

Water That Is Not Water, A. Dan Tarlock, Owen Olpin

Articles by Maurer Faculty

The increased interest in the development of geothermal resources has given rise to the need for the formulation of a legal framework in which this development can be carried out. In this article, Mr. Olpin and Professor Tarlock analyze the proper relationship between western water law and geothermal resources development. They present an argument against the blanket application of western water law and propose a means of accommodating geothermal resources development with the protection of conventional water users.

Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Effect Of Waste Discharge Regulations On Real Property Development, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Book Review. A Summary-Digest Of State Water Laws (R. Dewsnup And D. Jensen, Eds.), A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Indiana's Receding Southern Boundary, Leon H. Wallace

Articles by Maurer Faculty

Proposed construction of Mt. Vernon Port emphasizes important legal questions currently involved. Leon H. Wallace, I. U. Law Professor, discovers and reports interesting history of location of Indiana-Kentucky border and the deep penetration into Hoosier territory as construction of dams pushes river's low water line, the accepted boundary, northward.

The Wild And Scenic Rivers Act Of 1968, A. Dan Tarlock, Roger Tippy

Articles by Maurer Faculty

No abstract provided.

Interference With The Public Right Of Navigation And The Riparian Owner's Claim Of Privilege, Sheldon J. Plager

Articles by Maurer Faculty

Entering a navigable body of water from the upland, and navigating from the point of access to distant points on the same body of water or points on connecting bodies of water, are, for practical purposes, a continua­tion of the same act. Yet they involve significantly different legal concepts and raise significantly different issues. The problems resulting from inter­ference with a riparian owner's right of access to and from his upland are examined in Part I of this article; those involving his right to travel once he has obtained access are the subject of Part II.

Book Review. Water Rights By J. H. Beuscher, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Some Observations On The Law Of Water Allocation As A Variable In Industrial Site Location, Sheldon J. Plager

Articles by Maurer Faculty

The availability of a water supply is of vital concern to industry. This availability may be affected as much by the applicable legal doctrine as by the accessibility of an adequate water supply. Professor Plager explores the two major riparian doctrines that apply to surface water supplies: "natural flow" and "reasonable use." He concludes that, although the theoretical differences between the two doctrines are often blurred, practical differences are present.

Multiple Interests In Riparian Land, Subdivision Platting, And The Allocation Of Riparian Rights, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Diffused Surface Water: Scourge Or Bounty?, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.

Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Colorado Encourages Rapid Depletion Of Its Ground-Water Resources, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Florida's Lakes: Problems In A Water Paradise, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Florida's Streams -- Water Rights In A Water Wonderland, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.