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Texas A&M University School of Law

Water

Environmental Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Specialization Trend: Water Courts, Vanessa Casado-Pérez Mar 2019

Specialization Trend: Water Courts, Vanessa Casado-Pérez

Faculty Scholarship

Definition of property rights is not useful unless there is an enforcement system, either public or private, that backs it up. While the definition of property rights as a solution to the tragedy of the commons has been carefully analyzed in the literature, the enforcement piece has been somewhat overlooked. Water is becoming scarcer and conflict is rising. As a result, the need for an efficient and fair enforcement system is more necessary than ever due to climate change.

Given the complexity of water law and the backlog in the judicial system, introducing specialization in the resolution of water cases …


Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig Jan 2018

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 …


Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein Sep 2015

Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein

Faculty Scholarship

Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.

Despite the concerns, little effort has been made to develop broad management, mitigatory, …


Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein Mar 2009

Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein

Faculty Scholarship

Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications that …