Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Washington Law Review
Examines tensions between state water rights laws and federal projects that require water. Presented as the Walker-Ames Lecture, University of Washington, Seattle, April 10, 1980.
Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson
Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson
Articles
The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …