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Full-Text Articles in Law
The New Red River Rivalry: Oklahoma's Unconstitutional Attempt To Calm The Waters By Restricting The Sale Of Water Across State Lines, Scott M. Delaney
The New Red River Rivalry: Oklahoma's Unconstitutional Attempt To Calm The Waters By Restricting The Sale Of Water Across State Lines, Scott M. Delaney
Oklahoma Law Review
No abstract provided.
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Pepperdine Law Review
The privatization of public water services in the United States has grown dramatically in recent years in response to political and ideological interest in privatizing public services, arguments about economic efficiencies, and the realities of overwhelming public costs related to water quality standards, infrastructure upgrade needs, and operational complexities. Many states have expressly enacted statutes authorizing municipalities to transfer services, operation and management, and even ownership of public water systems to private firms. This article systematically evaluates the status of water privatization in the U.S., the legal authority for privatization and its limits, and the most common and significant issues …
A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley
A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley
Golden Gate University Environmental Law Journal
This Comment argues that the federal and state standards for reducing marine life mortality from power-plant intakes should be applied to a statewide policy for new desalination projects in California. Under this framework, open seawater intakes should not be permitted for new desalination plants. Part II of this Comment provides an overview of the history and technology of desalination as well as environmental impacts of open seawater intakes and alternative intake technologies. Part III surveys existing state and federal laws addressing open seawater intakes and suggests a framework for applying these laws to desalination projects. Part IV argues that new …
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies
Golden Gate University Environmental Law Journal
By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment of …
Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace
Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace
Golden Gate University Environmental Law Journal
The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major water supply …
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Golden Gate University Environmental Law Journal
The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction …
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Golden Gate University Environmental Law Journal
Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water rights entitlement …
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Golden Gate University Environmental Law Journal
This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
Golden Gate University Environmental Law Journal
This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …
Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge
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.
Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck
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.
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
West Virginia Law Review
No abstract provided.
The Last Gasp: The Conflict Over Management Of Replacement Water In The South Platte River Basin, Lain Strawn
The Last Gasp: The Conflict Over Management Of Replacement Water In The South Platte River Basin, Lain Strawn
University of Colorado Law Review
No abstract provided.
Arkansas At The Water Crossroads: Regulations Or Solutions, James R. Pender
Arkansas At The Water Crossroads: Regulations Or Solutions, James R. Pender
University of Arkansas at Little Rock Law Review
No abstract provided.
A Water Management Law For Arkansas, Frank J. Trelease
A Water Management Law For Arkansas, Frank J. Trelease
University of Arkansas at Little Rock Law Review
No abstract provided.
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler
Michigan Law Review
Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.
Law Of Percolating Waters, Jno B. Clayberg
Law Of Percolating Waters, Jno B. Clayberg
Michigan Law Review
Percolating waters are well understood as being underground waters. Underground waters have been from time immemorial divided into two general classes, namely: (a) flowing stream's, and (b) percolating waters. Percolating waters are divided by text writers into several distinct classes. No two text writers seem to have adopted the same classification. Such classifications are all more or less unimportant insofar as the application of the law is concerned. There cannot be any difference between percolating water which is diffuse and percolating water which reaches the channel of a stream or its sub-flow. All percolating water, unless detained by some natural …