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Water Law Commons

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Full-Text Articles in Water Law

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock Dec 2010

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …


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.