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California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel 2018 Golden Gate University School of Law

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

Publications

This Article examines the ways that federal law and federal agencies currently provide a legal basis to keep water instream for California fisheries, and the ways that California water law may be in a position to fill the regulatory gap that may be left if federal water law and federal agencies recede.

Following the introduction, Part I of the Article identifies the different ways that instream flow affects California fisheries. Part II then surveys federal laws and federal agencies that have traditionally supported efforts to keep water instream for California fisheries. In Part III, the Article presents examples of how ...


Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel 2018 Golden Gate University School of Law

Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel

Publications

This class focuses on how international water law principles relate to the construction and operations of on-stream dams. Within this general focus, the following more specific topics are reviewed: (1) upstream/downstream nation rights and obligations relating to the impoundment and release of water from on-stream dams; (2) effect of on-stream dams on fisheries/aquatic habitat and fishers; (3) international environmental impact assessment obligations relating to the construction and operation of on-stream dams; (4) relation of hydro-electric dams to efforts to reduce greenhouse gas emissions associated with energy production.


"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier 2018 American University Washington College of Law

"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier

American University International Law Review

No abstract provided.


Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell 2018 Utah State University

Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell

All ECSTATIC Materials

This document is the syllabus for CEE 433: Water Technology & Policy, by instructor Ashlynn S. Stillwell at the University of Illinois at Urbana-Champaign. The course is an elective class, open to upper-level undergraduate and graduate students.


New Water For Water Dispute Resolution, Rhett B. Larson 2018 Arizona State University at the Tempe Campus

New Water For Water Dispute Resolution, Rhett B. Larson

Texas A&M Journal of Property Law

Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in ...


Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border, Jessica Foster 2018 Texas A&M University School of Law

Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border, Jessica Foster

NRS Program Reports & Publications

The purpose of this study is to present a factual picture of the multiple groundwater governance frameworks that cover the same transboundary aquifers on the Texas-Mexico border. The study can then serve as a foundation to support future research and as a reference for those sharing groundwater resources on the border to use in considering whether and how to coordinate management. Currently, Texas A&M School of Law, the Bush School of Government and Public Service at Texas A&M University, and the Texas Water Resources Institute are collaboratively pursuing a larger interdisciplinary project, and the study presented in this ...


Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen 2018 Wheaton College

Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen

Texas A&M Journal of Property Law

Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them ...


Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey 2018 Claremont Colleges

Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey

CMC Senior Theses

California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the ...


Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman 2017 University of Maine School of Law

Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman

Maine Law Review

States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It ...


Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili 2017 Kent State University

Watershed Based Policy Tools For Reducing Nutrient Flows To Surface Waters: Addressing Nutrient Enrichment And Harmful Algal Blooms In The United States, John A. Hoornbeek, Joshua Filla, Soumya Yalamanchili

Fordham Environmental Law Review

No abstract provided.


Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. McCalib 2017 University of Michigan Law School

Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib

Michigan Law Review

In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically ...


Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher 2017 San Jose State University

Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher

Master's Projects

Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 ...


Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter 2017 University of Maine School of Law

Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter

Maine Law Review

In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has ...


A Conceptual Framework For Sustainable Water Management: The Case Of The Piracicaba River Basin, Brazil [Abstract], Amós Nascimento 2017 Selected Works

A Conceptual Framework For Sustainable Water Management: The Case Of The Piracicaba River Basin, Brazil [Abstract], Amós Nascimento

Amós Nascimento

2 pages.


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Energy-Water Nexus, The Clean Power Plan, And Integration Of Water Resource Concerns Into Energy Decision-Making, Sarah Ladin 2017 University of Michigan Law School

Energy-Water Nexus, The Clean Power Plan, And Integration Of Water Resource Concerns Into Energy Decision-Making, Sarah Ladin

Michigan Journal of Environmental & Administrative Law

Energy regulation in the United States is now at a crossroads. The EPA has begun the process to officially repeal the Clean Power Plan and currently has no plan to replace it with new rulemaking to regulate carbon emissions from the U.S. energy sector. Even though the Clean Power Plan is more or less at its end, its regulatory structure stands as a model of the way decision-makers in the United States regulate the energy sector and the environment. Since the beginning of the modern environmental legal system, decision-makers have chosen to silo the system. Statutes and agencies focus ...


Water Security, Rhett B. Larson 2017 Arizona State University Sandra Day O'Connor College of Law

Water Security, Rhett B. Larson

Northwestern University Law Review

Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic development and population growth. The water security paradigm directly addresses the main reasons climate change ultimately matters to most people—droughts, floods, plagues, and wars. Additionally, this new proposed paradigm better integrates climate change concerns with other pressing global sustainability challenges—including that economic development and population growth will require ...


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt 2017 American University Washington College of Law

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states ...


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