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Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Federal Land Policy Management Act: The Effect And Operation Of The Bureau Of Land Management Organic Act And Regulations Under It Relative To The Use Of Public Lands For Resource Development, Pamela A. Ray

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

15 pages.

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …

National And Regional Agricultural Impact Of Natural Gas Deregulation And Curtailment Under A High Export Scenario, Barton C. English, Earl O. Heady, Dan Dvoskin

UMR-MEC Conference on Energy / UMR-DNR Conference on Energy

An interregional national linear program ring model is used to evaluate the national and regional inpacts cn agriculture of two alternative natural gas policies -- curtailment to irrigation and deregulation. Energy use, agricultural production, commodity shadow prices, and resource use under natural gas curtailment and deregulation are compared to a base nn without these policy changes.

A Proposed Revision Of Kentucky's Water Rights Legislation, Richard Ausness

KWRRI Research Reports

Kentucky's present system of water law consists of a statutory water withdrawal permit system superimposed upon a body of common-law water rights doctrine. The rights of water users are often uncertain under this system, particularly in periods of water shortage. The proposed revision of Kentucky's existing water rights legislation, would greatly reduce the significance of common-law water rights and would remedy some of the weaknesses in the present statute.

Part 1 of the proposed statute establishes an administrative structure; Part 2 deals with water withdrawal permits; Part 3 retains the present statute's provisions on the regulation of dams and impoundments, …

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

Revised Draft Impact Statement Issued For Dickey-Lincoln, New England Division, United States Army Engineer Division, United States Army Corps Of Engineers

Dickey-Lincoln School Lakes Project

Revised draft combines data previously published in two separate impact statements prepared by the corps relating to the dams, reservoirs and power plants and by the U. S. Department of Energy for transmission facilities to link the St. John River development to the New England power grid. The latter agency is responsible for the marketing and distribution of power generated at federally-financed installations.

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

Final Report On The Recreation Plan For Dickey-Lincoln School Lakes Project, Maine : Prepared For The Corps Of Engineers, New England Division, Northern Maine Regional Planning Commission, Land Use Consultants, Inc

Dickey-Lincoln School Lakes Project

The purpose of this report is to evaluate and describe the existing recreational use and resources of the project area and the encompassing study area and to project the future use of those resources both with and without the Dickey-Lincoln School Lakes Project. This study develops and evaluates a concept plan for the recreation potential of the Dickey-Lincoln School project and assesses the recreational impact of this recommended concept plan.

Social Impact Summary : Dickey-Lincoln School Lakes Project / Prepared For The Department Of The Army, Corps Of Engineers, New England Division, Edward C. Jordan Company, Inc.

Dickey-Lincoln School Lakes Project

The Dickey-Lincoln Hydroelectric Dam is a water resources project proposed by the Federal Government (U. S. Army Corps of Engineers). Therefore, in accordance with the National Environmental Policy Act, the Corps of Engineers is required to prepare an environmental impact statement (EIS) on the project. A federal plan or project such as Dickey-Lincoln should take into account its effect upon man's health, safety, welfare and economic well-being, as well as effects upon the surrounding environment. More importantly, project plans should be evaluated in a "manner calculated to encourage harmony between man and his environment." In other words, project plans or …

Summary Of Labor Impacts During Construction : Dickey-Lincoln School Lakes Project, Edward C. Jordan Company, Inc.

Dickey-Lincoln School Lakes Project

This study is to assess the effects or impacts of construction and operation of the Dickey-Lincoln hydroelectric project upon the people in the St. John Valley, Maine, and New England. Having determined the effects of the project, a second objective is to discuss mitigation of defined adverse impacts. More specifically, this study attempts to identify adverse impacts and deal with how to minimize such impacts if at all possible.

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.

Legal Institutions For The Allocation Of Water And Their Impact On Coal Conversion Operations In Kentucky, Richard C. Ausness, Gary W. Callahan, Steven W. Dills, Bill H. Flynn, John S. Gillig

KWRRI Research Reports

The conversion of coal into other types of fuel through gasification and liquefaction has been proposed as a means of coping with America's increasing energy needs. Coal conversion plants require large quantities of water for cooling purposes and for use as a raw material.

There are three types of water allocation presently used in the United States, riparianism, prior appropriation, and administrative permit systems. The common law riparian system is undesirable because under it water rights are insecure and subject to locational use restrictions. Prior appropriation is better, but the permanent water right created under this system results in excessive …

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

An Energy Strategy For New England : Objectives And Implementation, Development Sciences, Inc., New England Regional Commission

Dickey-Lincoln School Lakes Project

This report is a product of the New England Regional Commission's Energy Research and Policy Formulation Program. The goal of the Energy Program is to supply the members of the New England Regional Commission, which is comprised of the six New England Governors and a Federal Co-chairman appointed by the President, with reliable baseline information on New England's energy requirements and vulnerability, and to provide the Governors and the region with viable energy policy options and recommendations to guide New England's energy future.

Transmission Planning Summary : Dickey-Lincoln School Lakes Project Transmission Studies, United States Department Of Interior

Dickey-Lincoln School Lakes Project

This report summarizes the results of system planning, environmental, and location studies for transmission facilities associated with the proposed Dickey-Lincoln School Lakes Project in northern Maine. The studies recommend the construction of two 345-kV transmission circuits from a substation near the project along a route through western Maine into northern New Hampshire and Vermont. The plan will integrate the power produced by the project into the New England Power Pool Transmission System. Five alternate integration plans were identified and studied. Of the five plans, the recommended plan, which calls for the lines to be suspended from a single row of …

[Letter From New England Regional Director To Division Engineer, New England Division, U.S. Army Corps Of Engineers], U.S. Fish And Wildlife Service

Dickey-Lincoln School Lakes Project

The results of appraisals conducted jointly by this Service, the Maine Department of Inland Fisheries and Wildlife, and your agency concerning bald eagle, osprey, peregrine falcon, and great blue heron.

Maine Comprehensive Energy Plan, Maine. Office Of Energy Resources

Dickey-Lincoln School Lakes Project

Prepare a comprehensive energy resources plan to be revised and updated at least annually and more often as the Director of the Office of Energy Resources or the State Legislature deem necessary.

The Law Of Water Allocation In Kentucky, Richard C. Ausness, Bill H. Flynn

KWRRI Research Reports

This study discusses navigability concepts, consumptive rights to surface and ground waters, the disposal of diffused surface waters and the administration of Kentucky's statutory water allocation system.

Federal regulatory powers are based on navigability as is state ownership of submerged lands. Kentucky uses the ebb-and-flow test of navigability to determine title to submerged lands but uses a navigability-in-fact test to determine the scope of state regulatory authority. Consumptive uses of water in Kentucky are governed by the riparian landowner to use as much water as he needs as long as his use does not interfere with the legitimate uses of …

Powers Of The State Of Kentucky In Implementing An Effluent Tax As A Part Of An Interstate Ohio River Basin Water Pollution Control Program, Anita L. Morse, Edward Zeigler

KWRRI Research Reports

This report is intended to set forth some of the problems and solutions involved in financing and regulating water quality control. The purpose is to record some of the major problems confronting those who legislate water quality, those who espouse technological answers, and those who see the problem in terms of economic solutions. The limits placed by political and institutional constraints on solutions to these problems are frequently not understandable.

Within this report are contained separate investigations: a study of federal-interstate relations and the interstate compact; a study of Kentucky's common law approach to water rights; a study of financing …

System Implementation And Evaluation, I. Trotter Hardy

Faculty Publications

No abstract provided.

Sociocultural Impact Of Reservoirs On Local Government Institutions, Philip Drucker, Jerry Eugene Clark, Lesker Dianne Smith

KWRRI Research Reports

This study of the probable sociocultural impact of a proposed reservoir in central Kentucky on the institutions of local governments of a community adjacent to the reservoir utilizes anthropological concepts of social values and cultural and social change as well as anthropological research techniques. Data on observed impact on the same institutions in communities adjacent to two recently completed Kentucky reservoirs permit inferences as to probable directions and extent of reservoir-related change. Specific aspects of impact considered include: effects of reduction of the county tax base due to Federal acquisition of lands, including necessity for increased severity of taxes and …

A Study Of The Dickey-Lincoln Hydroelectric Project And Its Impact On The Resources Of The Upper Saint John River Valley, Rosemary M. Manning, Sierra Club, New England Chapter

Dickey-Lincoln School Lakes Project

This report was under-taken primarily to evaluate the impact that the construction of the Dickey-Lincoln project would have upon the resources of the Upper St. John River, and to examine the assertion that the Dickey-Lincoln project constitutes a wise use of the public's environmental and economic resources. Since the case that has been made for the construction of the Dickey-Lincoln project rest primarily on the justification of the project in economic terms, this aspect of the project proposal will be intensively explored.

The Effect Of A Large Reservoir On Local Government Revenue And Expenditure, Clyde T. Bates

KWRRI Research Reports

Development of a large multi-purpose reservoir within the area of their jurisdiction may affect property ta.x revenue and expenditure of county governments and school districts. Privately owned land sold to a federally sponsored reservoir is not subject to property taxes because of the doctrine of intergovernmental immunity. Local officials often assume that this loss of assessment will reduce their tax revenue and thereby their fiscal ability to provide an acceptable level of government services. They may also expect the influx of construction workers or the disruption of existing facilities to increase the cost of providing these services. The study approaches …

Social And Economic Consequences Of The Dickey-Lincoln School Hydro-Electric Power Development On The Upper St. John Valley, Maine -- : Phase 1, Preconstruction, Louis A. Ploch, Nelson L. Leray

Dickey-Lincoln School Lakes Project

The intention of this report is to present a still picture of the selected area as of the summer of 1966. The emphasis is on empirical relationships. The data contained herein will provide a base for subsequent analysis. Thus little attempt is made to cast the findings of the study in a theoretical framework. Later publications will utilize relevant theory and research to analyze the social and economic changes in an area related to the building of the Dickey and Lincoln School Dams. It is presumed that this particular report and its statistical sup-plement will be of particular interest to …

Control Of Air Pollution Through The Assertion Of Private Rights, Julian Conrad Juergensmeyer

Articles by Maurer Faculty

Air pollution is clearly one of the major social problems confronting contemporary American society. Yet the United States is still without an effective federal pollution control program, and those state and local control programs that do exist are largely ineffective. Until government regulation is able to keep the expulsion of air contaminants within tolerable limits, it will be necessary for those seeking to control air pollution to rely upon the assertion of private rights. In this article the author discusses the principal causes of action available to the private pollution controller, and concludes that, although traditional legal concepts may provide …

Escrow Instructions To The First National Bank Of Nevada Regarding The Transfer Of Las Vegas Water Production From The Union Pacific Railroad To The Las Vegas Valley Water District, June 21, 1954, First National Bank Of Nevada, Los Angeles & Salt Lake Railroad Company, Las Vegas Valley Water District, Las Vegas Land And Water Company (Las Vegas, Nev.), Union Pacific Railroad Company

Publications (WR)

Escrow instructions for the transfer of Las Vegas water production from the Union Pacific Railroad to the Las Vegas Valley Water District. Contract between the Los Angeles & Salt Lake Railroad, the Union Pacific Railroad, and the Las Vegas Land and Water Company.