Law Commons^™

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.

Property, Unbundled Water Entitlements, And Anticommons Tragedies: A Cautionary Tale From Australia, Paul Babie, Paul Leadbeter, Kyriaco Nikias

Michigan Journal of Environmental & Administrative Law

As water becomes an increasingly scarce resource, a lack of clarity in relation to its use can produce both conflict among and inefficient use by users. In order to encourage markets in water and to ensure the viability and functionality of those markets, governments in many jurisdictions have moved away from commons property as a means of water allocation, and towards systems of private property in water. In doing so, one policy and legal option is “unbundling”, which seeks carefully to define both the entitlement to water and its separation into constituent parts. Advocates claim that unbundling makes water rights …

"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz

Marquette Law Review

none

Maine Principles Of Ownership Along Water Bodies, Knud E. Hermansen, Donald R. Richards

Maine Law Review

This Article provides a summary of the Maine common law of riparian boundaries. It is geared toward practitioners who practice or provide counsel in the area of real property law or who must litigate boundaries and title rights involving water bodies. This Article also includes recommendations for fixing previously undefined boundaries across water. However, readers should be aware that this Article does not attempt to provide an exhaustive survey of all riparian law. In recent years state and federal legislation has further limited or restricted specific landowner common law rights along water bodies.

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 Arizona. Improved …

Water Valuation And Utility Rates, Amy Hardberger

Texas A&M Journal of Property Law

As I’ve worked on this topic, it really has evolved. I was thrown into land use, but land use opened my eyes to new water tools. Nationwide there is a shift towards conservation of water and water sustainability. Land use might be the “ace-in-the-hole,” not the simple act of turning the water off when you brush your teeth—even though I want you to do that.

What’s important when talking about how we are going to survive, is “where are we going?” Because cities are so overpopulated, we are moving out of rural areas and into cities. This has caught the …

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone

Michigan Journal of Environmental & Administrative Law

The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …

Real Property - Easements - Right To Take Water From A Pond As Absolute, Exclusive Profit In Gross, Stephen J. Martin S.Ed.

Michigan Law Review

One Divine owned a small natural lake and a mill nearby. He dammed the lake, and ran a pipe from it to his mill. At times he sold water after it left the mill to defendant's assignor, who owned a hotel near the mill. In 1919 Divine sold the lake to plaintiff's assignor, reserving to himself the right to dam the lake and draw off water from it, so long as the level stayed between high and low water marks. Then Divine sold the mill lot to defendant's assignor, who closed it down, but continued to take water through the …

Water And Water Courses--Riparian Rights--Extent Of Owner's Title, S. R. W Jr.

West Virginia Law Review

No abstract provided.

Drainage Of Surface Waters Under The Civil Law Rule As Applied In Maryland - Bishop V. Richard Biberman V. Funkhouser

Maryland Law Review

No abstract provided.