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- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (9)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (8)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (7)
- Groundwater in the West (Summer Conference, June 16-18) (5)
- Books, Reports, and Studies (4)
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- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (4)
- Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10) (4)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (4)
- Faculty Scholarship (3)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (3)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (3)
- Faculty Articles (2)
- Law Faculty Scholarly Articles (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- CMC Senior Theses (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11) (1)
- Indiana Law Journal (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
- Marquette Law Review (1)
- Master's Projects (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- Publications (1)
- Ryan B. Stoa (1)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (1)
- Sustainable Development Law & Policy (1)
- Publication Type
Articles 1 - 30 of 85
Full-Text Articles in Law
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Toward A Utah Intentionally Created Surplus Program, Devin Stelter
Sustainable Development Law & Policy
The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …
The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray
The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray
Law Faculty Scholarly Articles
Buda, Texas-a small town that lies between Austin and San Antonio,
on the banks of Onion Creek and above the Edwards Aquifer-is perhaps
best known, though it is not particularly well known, as the "Wiener Dog
Capital of Texas." Buda's claim to this title is based upon its annual
dachshund races, which are opposed by the Dachshund Club of America
but lauded by locals, tourists, and the international press as an "event that
combines the pageantry of the Kentucky Derby and the excitement of
NASCAR with dachshunds, animals known for their small stature." Buda
is certainly unusual in relying so …
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Indiana Law Journal
Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
Marquette Law Review
none
Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa
Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa
Ryan B. Stoa
Humanity's impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modem geological age-the "Anthropocene." The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveal a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular are often conceptualized as unforeseeable …
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Texas A&M Law Review
Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive …
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey
CMC Senior Theses
California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the emerging literature …
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Master's Projects
Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 (Act …
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Zachary Bray
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Vanessa Casado Perez
California is facing a water crisis. Water is managed through a variety of mechanisms, including government administration and market tools. This Article argues for a regulated market-based solution. When it comes to water markets, the invisible hand needs help from the visible hand of government to prove effective. Administrative systems and markets are usually portrayed in opposition to each other, as mutually exclusive solutions. Water market advocates suggest government's role is minimal. However, as this Article identifies, to establish and maintain a functioning water market, government needs to play a variety of roles. These include the uncontested role of defining …
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain
22 slides
Slides: The Columbia River Basin, Barbara Cosens
Slides: The Columbia River Basin, Barbara Cosens
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program
16 slides
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Slides: Food For Thought: Water Requirements For Social-Ecological Systems, Michael Douglas, Sue Jackson
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenters:
Michael Douglas, University of Western Australia, Charles Darwin University
Sue Jackson, Griffith University
35 slides
All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez
All Dried Out: How Responses To Drought Make Droughts Worse, Vanessa Casado-Pérez
Faculty Scholarship
Water usage is governed through a variety of mechanisms, including government administration and market tools. In 2006-2008 Barcelona’s region, a water scarce area, suffered a drought comparable to the one faced today by the US West. This article surveys a variety of techniques which were or could have been used to address these scarcity challenges. Spanish water regulations established water markets in 1999 but neither the design, nor its implementation were optimal. In addition to the design and implementation flaws, the response to the 2006-2008 drought crisis shows how emergency measures highjack water markets as a viable solution to water …
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Put Your Money Where Your Water Is: Building Resilience Through Rates, Amy Hardberger
Faculty Articles
Utilities are challenged with the task of meeting future water demands while generating revenue through the use of the resource. Customarily, utilities base demand projections on subsequent use and calculate price on past consumption. The traditional model of extrapolating cost, based on past consumption, does not allow the utility flexibility to protect the resource in times of crisis. In recent years, water resources have been taxed by population increases and changes in weather patterns. Utilities encourage the use of water at low fees and are unable to conserve during times when the resource is available and cheap. This ineffective rate …
Marketing Conserved Water, Mark Squillace, Anthony Mcleod
Marketing Conserved Water, Mark Squillace, Anthony Mcleod
Publications
Water law scholars have long supported water markets for addressing critical water needs, especially in arid regions like the western United States, and that support seems to be growing among policymakers as well. But translating academic theories about water markets to the field has proved challenging. To be sure, water can be transferred from one use to another use in all western states, but water markets in those states are not presently capable of providing prospective buyers with a reliable source of water when and where they need it. The reasons are myriad, but are primarily related to the high …
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter Mayer, P.E., Water Demand Management
20 slides
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University
32 slides
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Faculty Scholarship
California is facing a water crisis. Water is managed through a variety of mechanisms, including government administration and market tools. This Article argues for a regulated market-based solution. When it comes to water markets, the invisible hand needs help from the visible hand of government to prove effective. Administrative systems and markets are usually portrayed in opposition to each other, as mutually exclusive solutions. Water market advocates suggest government's role is minimal. However, as this Article identifies, to establish and maintain a functioning water market, government needs to play a variety of roles. These include the uncontested role of defining …
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).
Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group
Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group
Books, Reports, and Studies
[4] p. : color illustrations ; 28 cm.
The First Step In Repairing The Colorado River’S Broken Water Budget: Summary Report, Colorado River Research Group
The First Step In Repairing The Colorado River’S Broken Water Budget: Summary Report, Colorado River Research Group
Books, Reports, and Studies
4 p. : color illustration and chart ; 28 cm.
The First Step In Repairing The Colorado River’S Water Budget: Technical Report, Colorado River Research Group
The First Step In Repairing The Colorado River’S Water Budget: Technical Report, Colorado River Research Group
Books, Reports, and Studies
22 p. : charts (some color) ; 28 cm.
Contents: Introduction -- Diagnosing the problem -- Plans to increase use of basin water: Overview; Upper basin states: Colorado; New Mexico; Utah; Wyoming; Lower basin states: Arizona; California; Nevada; Tribal demands -- Reconciling fantasy with reality: Upper basin; Lower basin -- Conclusion -- Literature cited.
Tables and figures: Declining reservoir storage on the Colorado River -- Average supplies versus demands on the Colorado River mainstem -- Relationship between Lake Powell storage and Lee Ferry virgin flows -- Relationship between Lake Powell releases and Lake Mead storage -- Tribal water rights/demands: upper …
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Law Faculty Scholarly Articles
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …