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Full-Text Articles in Law
The Lake Chelan Case—Another View, Edward A. Rauscher
The Lake Chelan Case—Another View, Edward A. Rauscher
Washington Law Review
The court's decision in this case has been widely discussed. The author reviews the status of authority contrary to the position advanced by Professor Corker in his recent article, and concludes that the opinion does not apply to tidelands or shorelands, that the Supreme Court has neither declared nor implied a general prohibition against development of private lands underlying navigable waters in Washington, and that to do so in the future the Court would find it necessary to overturn some well-established (legislative, administrative and judicial) principles as to the character of private ownership of such lands in this state.
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Washington Law Review
This new book is a fine contribution to the growing body of water law literature. It presents an exhaustive review of the law of Florida in the water resources field, with substantial references to the water laws of the other eastern states. Excellent legal scholarship and careful analysis characterize the efforts of these authors. Dean Maloney and Professor Plager have published in this field for many years and several chapters of the book have appeared earlier as law review articles. Professor Baldwin contributed the federal law material to the book.
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Washington Law Review
On December 4, 1969, the public won a significant victory in the Supreme Court of Washington. The court ordered defendants who had filled their lands, which are seasonally inundated by the waters of Lake Chelan, to remove the fill because it obstructed the rights of plaintiffs and the public to swim, boat, fish, bathe, recreate, and navigate in the waters of the lake. This principle applies to all navigable waters of the state The sweeping character of the decision is demonstrated by the narrow ground on which three of the judges dissented, in part, to Judge Mathew W. Hill's majority …
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Washington Law Review
Our primary focus is on small natural lakes, that are nonnavigable for title. Restriction of our discussion to lakes, of course, excludes water bodies too small to be labeled "lakes." No hard and fast definition of "lake" can be derived from the case law, but, intuitively, it is clear, that at some point, a water body will be obviously so small, shallow, or useless, that the established rules of lake law will not be applied The term "natural" also excludes artificial lakes, which present peculiar problems not necessarily resolvable in the natural lake context. We have examined primarily cases dealing …
Water Law, Ralph W. Johnson
Water Law, Ralph W. Johnson
Articles
Reviewing Water Law and Administration—The Florida Experience, by Frank E. Maloney, Sheldon J. Plager, and Flether N. Baldwin, Jr. (1968).