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Full-Text Articles in Law

Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel Jan 2018

Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel

Publications

This class focuses on how international water law principles relate to the construction and operations of on-stream dams. Within this general focus, the following more specific topics are reviewed: (1) upstream/downstream nation rights and obligations relating to the impoundment and release of water from on-stream dams; (2) effect of on-stream dams on fisheries/aquatic habitat and fishers; (3) international environmental impact assessment obligations relating to the construction and operation of on-stream dams; (4) relation of hydro-electric dams to efforts to reduce greenhouse gas emissions associated with energy production.


Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel Jan 2017

Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel

Publications

Following the introduction, Part One documents the effects of on-stream dams on fisheries, aquatic habitat and fishing-dependent communities. In Part Two, the Article examines how principles from international fisheries law (which has traditionally focused more on ocean fisheries than freshwater fisheries) apply in the transboundary river context. Part Three then identifies the rights of upstream/downstream nations under international water law pertaining to the impoundment and release of water from on-stream dams on waterways where fisheries are present. Next, in Part Four, the Article considers how international environmental impact assessment obligations relate to the construction and operation of on-stream dams. Finally, …


Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches Jan 2004

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

Publications

No abstract provided.


The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches Jan 2001

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

Publications

No abstract provided.


Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches Jan 1997

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.


Changing The River’S Course: Western Water Policy Reform, David H. Getches Jan 1996

Changing The River’S Course: Western Water Policy Reform, David H. Getches

Publications

Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …