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Full-Text Articles in Law

Water For Fish And Farms: An Examination Of Instream Flow Programs In Montana Using Spatially-Explicit Water Rights Data, Anna Leigh Crockett Jan 2020

Water For Fish And Farms: An Examination Of Instream Flow Programs In Montana Using Spatially-Explicit Water Rights Data, Anna Leigh Crockett

Graduate Student Theses, Dissertations, & Professional Papers

The state-level institutions governing water use in the western United States have increasingly come under pressure and scrutiny related to their inability to navigate water use conflicts in recent decades. Rapid population growth and shifting public values towards leaving water instream for recreational and environmental purposes pose challenges to Montana water supplies which are predominantly allocated for irrigated agriculture. Additionally, while water scarcity and unpredictable availability are not new dilemmas in Montana, the rate at which climate change is driving shifts in the distribution, timing, and availability of water supplies is unprecedented. Current water policies may not be nimble enough …


1901 - Irrigation In The United States - Testimony Of Elwood Mead Before U.S. Industrial Commission, June 11-12, 1901 Jan 2019

1901 - Irrigation In The United States - Testimony Of Elwood Mead Before U.S. Industrial Commission, June 11-12, 1901

Miscellaneous Federal Documents & Reports

Professor Elwood Mead, expert in charge of the Irrigation Investigations of the United States Department of Agriculture, appeared before the United States Industrial Commission on June 11 and 12, 1901, to testify on the subject of irrigation in the United States. His testimony presented a review of the irrigation situation in the United States, including not only the arid region of the West, but also the humid sections of the South and East, where in two States alone more land had been brought under irrigation during the past five years than in any single State in the arid region during …


1872 - Appropriation Of Water In California, Civ. Code, §§ 1410 – 1422. Jun 2017

1872 - Appropriation Of Water In California, Civ. Code, §§ 1410 – 1422.

Water Statutes

Enacted in 1872, California Civil Code 1410-1422 provided, in part, the right to the use of running water for useful or beneficial purpose, as well as the right to change the place of diversion if others were not injured by the change. In order to appropriate water, a written notice had to be posted in a conspicuous place at the point of intended diversion setting forth the particulars of the diversion. The notice had to be filed with the county recorder within ten days after posting the notice. The works that would divert the water had to begin within 60 …


1921 - Third Biennial Report Of The State Water Commission Of California Jul 2016

1921 - Third Biennial Report Of The State Water Commission Of California

Miscellaneous Documents and Reports

The State Water Commission, an administrative and quasi-judicial body having supervision over the acquisition and defining of water rights and the use of water from the natural stream channels and lakes of California, was created to carry out the terms of the Water Commission Act of 1913. The act provided for a definite record of water right titles and constituted a code of water law governing the use of surface water and underground water flowing through known and definite channels, based upon rights by appropriation. The third report of the Water Commission noted the increase in work in terms of …


1901 - Report Of Irrigation Investigations In California Jul 2016

1901 - Report Of Irrigation Investigations In California

Miscellaneous Documents and Reports

The 1901 Report of the Irrigation Investigations in California under the auspices of Elwood Mead, Expert in Charge was premised on the growing value and increasing scarcity of water creating, in turn, the need for better laws to control the distribution of streams in California. In order to promote the more rapid and successful development of the State's resources, the general conclusions of those taking part in the investigations indicated the need for and nature of the reforms required to put agriculture under irrigation on a ore enduring and satisfactory basis.


Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora Jun 2016

Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain

22 slides


Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon Jun 2016

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides


Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council Jun 2016

Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

25 slides


Tribes And Water In The Colorado River Basin, Colorado River Research Group Jan 2016

Tribes And Water In The Colorado River Basin, Colorado River Research Group

Books, Reports, and Studies

4 pages : charts.

The special nature of tribal water rights -- Quantified water rights -- The Colordo mainstream reservations -- Central Arizona tribes -- Upper basin tribes -- Outstanding / unresolved tribal claims -- The path forward.


A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard Jan 2016

A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard

Books, Reports, and Studies

28 pages : color illustrations.


Enhancing Watershed Planning In Implementation Of The Colorado Water Plan: An Overview Of Implementation Challenges And Opportunities, Douglas S. Kenney Jan 2016

Enhancing Watershed Planning In Implementation Of The Colorado Water Plan: An Overview Of Implementation Challenges And Opportunities, Douglas S. Kenney

Books, Reports, and Studies

25 pages.

Introduction -- Review of existing efforts -- Summary of interviews -- The salience of funding -- Recommendations -- Attachment A: Summary of reviewed watershed plans.


Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski Jan 2016

Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski

Books, Reports, and Studies

37 pages : color pictures, color maps.

Introduction -- Agricultural and environmental enhancements -- An ag and environmental enhancement program for Colorado -- Appendix A: Conservation case studies in Colorado -- Appendix B: Related Colorado water law -- Appendix C: Relevant laws from other states -- Appendix D: Legislative attempts to statutorily recognize conserved water -- Appendix E: The problem of vocabulary


Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols Jun 2015

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides


Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap Feb 2015

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group Jan 2015

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).


Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section Sep 2013

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

  • Oil and Gas Leases
  • Surface Use Agreements (SUAs)
  • Government’s Role in Authorizing Locations for Oil and Gas Development
  • Technical Aspects of Nontributary and Produced Nontributary Ground Water
  • Produced Nontributary Ground …


Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Aug 2013

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …


Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy Jun 2011

Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

4 pages.

Press release "April 14, 2011"

"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management

Full report available at:

http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf



Colorado River: Frequently Asked Law & Policy Questions, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program Jan 2011

Colorado River: Frequently Asked Law & Policy Questions, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

iii, 35 p. ; 29 cm


The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program Jan 2011

The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

21 p. : ill., maps ; 29 cm


Slides: Water Management On Public Lands: Chapter 8 Of The Pllrc Report, Michael Gheleta Jun 2010

Slides: Water Management On Public Lands: Chapter 8 Of The Pllrc Report, Michael Gheleta

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Michael Gheleta, U.S. Department of the Interior, Office of the Solicitor (Lakewood, CO)

12 slides


Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp Jun 2009

Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Adam Schempp, Environmental Law Institute, Washington, DC

12 slides


Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace Jun 2009

Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

20 slides


Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin Jun 2009

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides


Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols Jun 2009

Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO

28 slides


Slides: Unquenchable, Robert Glennon Jun 2009

Slides: Unquenchable, Robert Glennon

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona

56 slides


Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols Dec 2008

Slides: Lower Arkansas Valley Super Ditch Company, Inc.: Water Leasing Program, Peter Nichols

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Peter Nichols, General Counsel of the Lower Arkansas Valley “Super Ditch” Company, Trout, Raley, Montano, Witwer & Freeman PC, Colorado

33 slides


Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby Dec 2008

Slides: Idaho Rental Pool: Rules And Procedures, Idaho Water Resource Board, Jerry R. Rigby

Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11)

Presenter: Jerry Rigby, Counsel for Fremont‐Madison Irrigation District, Rigby, Thatcher, Andrus, Rigby & Moeller, Idaho

25 slides


Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby Jun 2008

Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics

22 slides


Slides: Linking Growth, Land Use And Water, Jim Holway Jun 2008

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides