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University of Washington School of Law

Water Law

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

Dewatering Trust Responsibility: The New Klamath River Hydroelectric And Restoration Agreements, Thomas P. Schlosser Jul 2011

Dewatering Trust Responsibility: The New Klamath River Hydroelectric And Restoration Agreements, Thomas P. Schlosser

Washington Journal of Environmental Law & Policy

In order to protect Indian property rights to water and fish that Indians rely on for subsistence and moderate income, the Interior Department Solicitor has construed federal statutes and case law to conclude that the Department must restrict irrigation in the Klamath River Basin of Oregon and Northern California. Draft legislation, prescribed by the February 18, 2010 Klamath River Hydroelectric Agreement and the Klamath Basin Restoration Agreement, would release the United States from its trust duty to protect the rights of Indian tribes in the Klamath River Basin. The agreements will also prolong the Clean Water Act Section 401 application …


The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby Feb 2011

The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby

Washington Law Review

All water is connected through the hydrologic cycle. When a farmer pumps water from an underground aquifer to irrigate crops, that act may affect a family relying on a nearby surface water stream for its water supply. Despite the scientific link between surface and groundwater, the law often treats the two separately. The legal choice to ignore the interaction of surface and groundwater is particularly notable in “general stream adjudications.” States file these large-scale lawsuits against users in a particular stream or waterbody to determine, in a single lawsuit, all the rights existing in that water source. In 1952, Congress …


The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby Feb 2011

The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby

Washington Law Review

All water is connected through the hydrologic cycle. When a farmer pumps water from an underground aquifer to irrigate crops, that act may affect a family relying on a nearby surface water stream for its water supply. Despite the scientific link between surface and groundwater, the law often treats the two separately. The legal choice to ignore the interaction of surface and groundwater is particularly notable in “general stream adjudications.” States file these large-scale lawsuits against users in a particular stream or waterbody to determine, in a single lawsuit, all the rights existing in that water source. In 1952, Congress …