Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Water Law

Faculty Scholarship

2005

Articles 1 - 9 of 9

Full-Text Articles in Law

A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein Aug 2005

A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein

Faculty Scholarship

When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.

While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …

Go to article

The Uncertain Future Of Water Rights In California: Reflections On The Governor's Commission Report, Brian E. Gray Jan 2005

The Uncertain Future Of Water Rights In California: Reflections On The Governor's Commission Report, Brian E. Gray

Faculty Scholarship

No abstract provided.

Go to article

A Conversation About Takings And Water Rights, John D. Leshy Jan 2005

A Conversation About Takings And Water Rights, John D. Leshy

Faculty Scholarship

No abstract provided.

Go to article

Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson Jan 2005

Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson

Faculty Scholarship

"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …

Go to article

The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson Jan 2005

The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson

Faculty Scholarship

Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …

Go to article

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein Jan 2005

Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Faculty Scholarship

Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …

Go to article

Connecticut: Ace Equip. Sales, Inc. V. Buccino, Michael J. Graetz Jan 2005

Connecticut: Ace Equip. Sales, Inc. V. Buccino, Michael J. Graetz

Faculty Scholarship

Ace Equip. Sales, Inc. v. Buccino, 869 A.2d 626 (Conn. 2005) (reversing adoption of the civil law rule that afforded an inherent riparian right by virtue of abutting property ownership).

Go to article

United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz Jan 2005

United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz

Faculty Scholarship

Walker v. United States, 69 Fed. Cl. 222, (Fed. Cl. 2005) (granting motion for reconsideration upon finding that water, access and forage rights were legally distinct from surface estate rights determined in a prior action).

Go to article

United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz Jan 2005

United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz

Faculty Scholarship

Fairhurst v. Hagener, 422 F.3d 1146 (9th Cir. 2005) (holding pesticides discharged into navigable waters in compliance with FIFRA that leave no excess material after fulfilling their intended purpose, are not "pollutants" requiring an NPDES permit under the Clean Water Act).

Go to article