Editor's Note, 2018 American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Indus Basin Water Management Under International Law, 2018 Advocate Supreme Court of Pakistan
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
University of Miami International and Comparative Law Review
The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles ...
Covariant Risk And Nutrient Credit Training, 2018 University of Maryland Francis King Carey School of Law
Covariant Risk And Nutrient Credit Training, Brian Sawers
Maryland Law Review Online
Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.
To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A ...
Connecticut’S Evolving Views Of Riparian Rights And The Public Trust, 2018 Boston College Law School
Connecticut’S Evolving Views Of Riparian Rights And The Public Trust, Terence H. Mcallister
Boston College Environmental Affairs Law Review
Waterbury v. Washington came to the Connecticut Supreme Court as a dispute over water rights that could have been resolved via a number of statutory or common law doctrines. Instead, the court sought to articulate a uniform theory of riparian law in Connecticut, acknowledging all of these competing doctrines. This uniform theory was one of regulated riparianism. After articulating this standard, the court left many decisions to be worked out by lower courts. Since Waterbury was decided, those lower courts have struggled to incorporate a view that reconciles the public trust doctrine in light of Connecticut’s statutory scheme. Many ...
Wyoming V. Zinke, 2018 Alexander Blewett III School of Law at the University of Montana
Wyoming V. Zinke, Jaclyn Van Natta
Public Land & Resources Law Review
In Wyoming v. Zinke, the Bureau of Land Management attempted to update a regulation governing hydraulic fracturing from the 1980s, but oil and gas industry companies opposed, and brought suit. The district court held in favor of the industry petitioners, and the Bureau of Land Management and citizen group intervenors appealed. In the wake of appeal, Donald J. Trump became President of the United States. The administration change caused the Bureau of Land Management to alter its position and align with the new administration. Secretary of the Interior, Ryan Zinke, via executive order, began rescinding the new fracking regulation, which ...
Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, 2018 Pepperdine University
Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi
Pepperdine Dispute Resolution Law Journal
Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that ...
Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute, 2018 University of New Mexico School of Law
Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute, Reed D. Benson
Article by Michael Coleman
Reed Benson, a University of New Mexico professor specializing in water law, said the Supreme Court’s task in deciding the U.S. government’s role is “very legalistic – very much a technical reading of what is and is not in the compact.”
“I actually have thought that New Mexico’s chances in front of the nine justices may be a little bit better than some people thought,” Benson said. “Some of those justices may be persuaded by the plain text argument – that New Mexico’s obligations are measured at Elephant Butte and once New ...
Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, 2018 Alexander Blewett III School of Law at the University of Montana
Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom
Public Land & Resources Law Review
In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, 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.
New Water For Water Dispute Resolution, 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, 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, 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 ...
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, 2018 S.J. Quinney College of Law, University of Utah
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Texas A&M Law Review
Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become ...
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, 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.
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, 2018 Golden Gate University School of Law
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
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 ...
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 ...
Rivers That Depend On Aquifers: Drafting Sgma Groundwater Plans With Fisheries In Mind, 2018 Golden Gate University School of Law
Rivers That Depend On Aquifers: Drafting Sgma Groundwater Plans With Fisheries In Mind, Paul Stanton Kibel, Julie Gantenbein
Guidebook on rivers that depend on aquifers. Published by the Center on Urban and Environmental Law.
Also available at: https://ggucuel.org/fisheries.
Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, 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
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.
Indigenous Rights To Water & Environmental Protection, 2018 University of Washington School of Law
Indigenous Rights To Water & Environmental Protection, Robert T. Anderson
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in ...
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, 2018 University of New Mexico School of Law
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
This article examines legal issues regarding hydropower, fish and wildlife at federal water projects in the West. It begins by briefly explaining the legal and institutional framework for federal water projects that generate hydropower. The following section summarizes relevant laws and policies for fish and wildlife protection in relation to federal hydropower operations, focusing primarily on the application of the ESA in this context. The article then considers the case of Glen Canyon Dam, where the Bureau and the National Park Service recently adopted a new operating plan after an extensive review that addressed hydropower, the needs of two very ...