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Articles 1 - 7 of 7

Full-Text Articles in Water Law

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum Oct 1996

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.


International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock May 1996

International Water Law And The Protection Of River System Ecosystem Integrity, A. Dan Tarlock

Brigham Young University Journal of Public Law

No abstract provided.


The Two Rivers And The Lands Between: Mesopotamia And The International Law Of Transboundary Waters, Joseph W. Dellapenna May 1996

The Two Rivers And The Lands Between: Mesopotamia And The International Law Of Transboundary Waters, Joseph W. Dellapenna

Brigham Young University Journal of Public Law

No abstract provided.


International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock Mar 1996

International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Harmon Doctrine One Hundred Years Later: Buried, Not Praised, Stephen C. Mccaffrey Jan 1996

The Harmon Doctrine One Hundred Years Later: Buried, Not Praised, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

The “Harmon Doctrine” is perhaps the most notorious theory in all of international natural resources law. Based upon an opinion of Attorney General Judson Harmon issued a hundred years ago, the doctrine holds that a country is absolutely sovereign over the portion of an international watercourse within its borders. Thus that country would be free to divert all of the water from an international watercourse, leaving none for downstream states. This article looks closely at the Harmon Doctrine in historical context. An examination of the conduct of the United States during the dispute with Mexico over the Rio Grande that …


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville Jan 1996

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …