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Articles 1 - 2 of 2
Full-Text Articles in Law
Water, Property, And The Clean Water Act, Janis Snoey
Water, Property, And The Clean Water Act, Janis Snoey
Washington Law Review
In PUD No. I of Pend Oreille County v. Department of Ecology, the Supreme Court of Washington held that Washington State has authority under the Clean Water Act to impose a minimum stream flow requirement on a hydroelectric project seeking to amend its federal license, regardless of whether the flow requirement affects an existing water right. A water right is property protected by the U.S. Constitution's prohibition on taking without just compensation. If a state's imposition of a minimum flow requirement under the Clean Water Act restrains a project from diverting the full quantity of an existing water right, …
Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Peña
Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Peña
Articles
This article presents an account of the landscape and water institutions of the acequia communities of Colorado's Rio Culebra watershed. The physical and social landscape of the Culebra watershed, a product of water institutions introduced by Hispano settlers in the years immediately following the Mexican War, and the persistence of those institutions after the introduction of the system of prior appropriation, offers an instance of a successful engagement of community water institutions in the creation of a sustainable and resource-rich watershed landscape. The ultimate goals of this article are threefold. First, the article describes the acequialandscape and its social, …