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Articles 1 - 5 of 5
Full-Text Articles in Law
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
University of Colorado Law Review
The prior appropriation doctrine is partly founded upon a concern with the speculation and monopolization of scarce water resources. This "anti-speculation doctrine" is anchored by the principles of public ownership of water and the beneficial use element of an appropriative water right. It is a progressive doctrine used by Colorado courts to prevent the public's water from being claimed for personal profit rather than actual beneficial uses. In the modern, high-stakes competition for water supplies needed to serve future population growth, Colorado municipalities and quasi-governmental water agencies have long escaped scrutiny for appropriations to serve undefined future populations. Under the …
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
University of Colorado Law Review
Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
University of Colorado Law Review
Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world's supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
University of Colorado Law Review
The dwindling supply of western water resources and the increasing water demands of a growing population necessitate a fundamental reexamination of the prior appropriation system. As a nineteenth century system of water allocation, prior appropriation, traditionally applied, is ill-equipped to effectively and efficiently cope with these twenty-first-century realities. The system must be reformed. The reimagining of western water law has two components. First, the determination of whether water is being put to a "beneficial use" should be based upon a holistic, comparative assessment of the relative value of the use of that water-an exercise in values and priorities that is …
The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen
The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen
University of Colorado Law Review
Water transfer is a term that describes the movement of water from an area where water is available to another area where water is scarce. This process has enabled otherwise uninhabitable lands in the western United States to support large cities and agricultural districts. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit upheld a rule that removed federal water quality restrictions on water transfers. This rule codified the Environmental Protection Agency (EPA) position that the National Pollution Discharge Elimination System (NPDES) requirement of the Clean Water Act (CWA) does not apply to water transfers …