Law Commons^™

Comprehensive River Basin Management: The Limits Of Collaborative, Stakeholder-Based, Water Governance, James L. Huffman

James L. Huffman

The allocation of scarce, freshwater resources is complicated by the transboundary nature of most, significant, surface water sources. These jurisdictional challenges exist across national borders and within federal nations like the United States. An obvious and long advocated solution is the creation of river basin authorities to bridge jurisdictional boundaries. This paper examines the rationale for river basin water management, describes several examples of river basin management regimes in the United States and other nations, and explains why many such schemes have failed or experienced limited success. Although there is much enthusiasm for collaborative integrated management of water and associated …

The Last Stand Of The Wild West: Twenty-First Century Water Wars In Southern California, Shannon M. Baker-Branstetter

Shannon M Baker-Branstetter

In 2003, the Imperial Irrigation District of California agreed to transfer water from rural Imperial County to urban Southern California cities as part of a quantitative settlement agreement (QSA). The Colorado River water that the Imperial Irrigation District (IID) transferred to the wealthy coastal cities was held in trust for the residents of the Imperial Valley, the poorest county in the State. The following paper asserts that the IID Board of Directors breached its trust to the residents and farmers of Imperial County when it sold water rights to municipal districts in Southern California, thus acerbating the poor economic conditions …

Justice Kennedy And Ecosystem Services: A Functional Approach To Clean Water Act Jurisdiction After Rapanos, Robin K. Craig

Robin K. Craig

Justice Kennedy’s “significant nexus” test may emerge as the proverbial silver lining of the U.S. Supreme Court’s June 2006 decision in Rapanos v. United States, at least so far as recognition of ecosystem services is concerned. The Court’s opinion in Rapanos was fractured. Nevertheless, it left no doubts that the Clean Water Act’s jurisdiction over “navigable waters” had been limited, drawing criticism for both its lack of clarity and its restriction of federal jurisdiction under the Act.

The extent of that restriction, however, would depend on which of the three major opinion’s in the case – Justice Scalia’s plurality, Justice …

California Water Law: Historical Origins To The Present, Roderick E. Walston

Roderick E. Walston

No abstract provided.

Advancing Freshwater Conservation In The Context Of Energy And Climate Policy: Assessing Progress And Identifying Challenges In The Western United States, Adell L. Amos

Adell L. Amos

This article critically evaluates freshwater conservation efforts in light of energy and climate policy in the western United States. Many, if not all, governmental entities today are facing tough and controversial questions involving energy demand and consumption. In the western United States, these energy questions are often inextricably linked to water resource availability and demand issues. With increased population and development pressure the challenges involving energy and water are likely to increase. Moreover, as the impacts from changes to climate and weather patterns increase various areas of the country will see changes to precipitation patterns, increased drought cycles, increased storm …

A Line Drawn In Water: Aquifers Beneath The Mexico-United States Border, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.

Water Leadership And The Rights Of Youth To Sustainable Development, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Reasonable and equitable use of water can help achieve local, regional, and international peace and security. This Article addresses water security around the world. Lack of safe drinking water and sanitation kills roughly 4500 children a day according to the World Health Organization. Youth have an important role to play as stakeholders with the longest range interests in policy outcomes. We have a shared responsibility to ensure water access and water quality. This Article concludes that clean technology transfer in particular and international cooperation generally can facilitate informed decisions upon which egalitarian agreements can establish sustainable watershed management.