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Water Law And Climate Change In The United States: A Review Of The Scholarship, Robin Kundis Craig
Water Law And Climate Change In The United States: A Review Of The Scholarship, Robin Kundis Craig
Utah Law Faculty Scholarship
Climate change’s effects on water resources have been some of the first realities of ecological change in the Anthropocene, forcing climate change adaptation efforts even as the international community seeks to mitigate climate change. Water law has thus become one vehicle of climate change adaptation. Research into the intersections between climate change and water law in the United States must contend with the facts that: (1) climate change affects different parts of this large country differently; and (2) United States water law is itself a complicated subject, with each state having its own laws for surface water and groundwater and …
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Utah Law Faculty Scholarship
The Anthropocene requires a new approach to natural resources law and policy, an approach that this short article terms "trickster law." Trickster law incorporates insights from resilience theory, adaptive governance scholarship, and cultural/anthropological studies of trickster tales to create a legal approach to natural resource management that is precautionary, engaged in proactive planning, based in principled flexibility, and pluralistic. This article focuses on the "pluralism" component, presenting three examples of how law modified to be more inclusive and respect different value systems has generated new approaches to natural resources management that better promote social-ecological resilience to climate change and other …
Drought And Public Necessity: Can A Common-Law “Stick” Increase Flexibility In Western Water Law?, Robin Kundis Craig
Drought And Public Necessity: Can A Common-Law “Stick” Increase Flexibility In Western Water Law?, Robin Kundis Craig
Utah Law Faculty Scholarship
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 re-allocate 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.
Using the example of the Brazos River drought of 2010 to 2013, this Article explores …