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Full-Text Articles in Law

An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson Jan 2019

An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Water Rights Table, Jesse Richardson, Iris Aloi May 2017

Water Rights Table, Jesse Richardson, Iris Aloi

Law Faculty Scholarship

This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules.


Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi Jan 2017

Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi

Law Faculty Scholarship

No abstract provided.


Who Owns The Water?, Jesse Richardson Aug 2016

Who Owns The Water?, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky Apr 2013

Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky

West Virginia Law Review

No abstract provided.


In Re Flood Litigation: When It Rains, The Lawsuits Pour: Considering Social, Public And Economic Policy When Determining Duty In West Virginia, Seth P. Hayes Sep 2005

In Re Flood Litigation: When It Rains, The Lawsuits Pour: Considering Social, Public And Economic Policy When Determining Duty In West Virginia, Seth P. Hayes

West Virginia Law Review

No abstract provided.


The Water Resources Protection Act And Its Impact On West Virginia Water Law, David M. Flannery, Blair D. Gardner, Jeffrey R. Vining Apr 2005

The Water Resources Protection Act And Its Impact On West Virginia Water Law, David M. Flannery, Blair D. Gardner, Jeffrey R. Vining

West Virginia Law Review

No abstract provided.


Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck Apr 2004

Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck

West Virginia Law Review

No abstract provided.


Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge Apr 2004

Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge

West Virginia Law Review

No abstract provided.


Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna Apr 2004

Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna

West Virginia Law Review

No abstract provided.


Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock Apr 2004

Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock

West Virginia Law Review

No abstract provided.


West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley Apr 2001

West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley

West Virginia Law Review

No abstract provided.


Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George Dec 1998

Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George

West Virginia Law Review

No abstract provided.


Regulatory Violations In The Mining Industry: Mountaintop Removal Mine Valley Fills Violate The Federal Clean Water Act, Jeffery W. Lilly Apr 1998

Regulatory Violations In The Mining Industry: Mountaintop Removal Mine Valley Fills Violate The Federal Clean Water Act, Jeffery W. Lilly

West Virginia Law Review

No abstract provided.


Confusion In Regulating Coal Mine Water Pollution: Regulatory Overlap In Smcra And The Cwa, Brian Peterson Apr 1997

Confusion In Regulating Coal Mine Water Pollution: Regulatory Overlap In Smcra And The Cwa, Brian Peterson

West Virginia Law Review

No abstract provided.


Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord Jun 1994

Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord

West Virginia Law Review

No abstract provided.


Criminal Enforcement Of The Clean Water Act In The Coal Fields: United States V. Law And Beyond, Phillip B. Scott, S. Benjamin Bryant Apr 1993

Criminal Enforcement Of The Clean Water Act In The Coal Fields: United States V. Law And Beyond, Phillip B. Scott, S. Benjamin Bryant

West Virginia Law Review

No abstract provided.


Potential Criminal Liability In The Coal Fields Under The Clean Water Act: A Defense Perspective, Webster J. Arceneaux Iii Apr 1993

Potential Criminal Liability In The Coal Fields Under The Clean Water Act: A Defense Perspective, Webster J. Arceneaux Iii

West Virginia Law Review

No abstract provided.


Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson Jan 1988

Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson

West Virginia Law Review

No abstract provided.


Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck Jun 1978

Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck

West Virginia Law Review

On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …


Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle Jan 1978

Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle

West Virginia Law Review

No abstract provided.


The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess Feb 1976

The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess

West Virginia Law Review

No abstract provided.


Environmental Law--Acid Mine Drainage, Katherine P. Kenna Jun 1974

Environmental Law--Acid Mine Drainage, Katherine P. Kenna

West Virginia Law Review

No abstract provided.


Administering State Water Resources: The Need For Long-Range Planning, Frank E. Maloney, Richard C. Ausness Sep 1971

Administering State Water Resources: The Need For Long-Range Planning, Frank E. Maloney, Richard C. Ausness

West Virginia Law Review

No abstract provided.


Water Law In West Virginia, Marlyn E. Lugar Apr 1964

Water Law In West Virginia, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.


Constitutional Law--Navigable Waters--Extension Of The Federal Prerogative, Orton Alan Jones Dec 1960

Constitutional Law--Navigable Waters--Extension Of The Federal Prerogative, Orton Alan Jones

West Virginia Law Review

No abstract provided.


Water For Mushrooming Populations, Clyde O. Martz Dec 1959

Water For Mushrooming Populations, Clyde O. Martz

West Virginia Law Review

No abstract provided.


The Law Of Navigable Streams In West Virginia, P. B. H. Dec 1956

The Law Of Navigable Streams In West Virginia, P. B. H.

West Virginia Law Review

No abstract provided.


Water And Water Courses--Riparian Rights--Extent Of Owner's Title, S. R. W Jr. Dec 1950

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

West Virginia Law Review

No abstract provided.


Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks Jun 1935

Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks

West Virginia Law Review

No abstract provided.