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Articles 91 - 106 of 106
Full-Text Articles in Law
Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.
Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.
Articles
What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Washington Law Review
In Hughes v. State, the Washington Supreme Court decided that the boundary between upland and tideland is the vegetation line as it existed in 1889. Its decision conflicts with an earlier decision of the Court of Appeals for the Ninth Circuit which followed the United States Supreme Court's decision in City of Los Angeles v. Borax Consol., Ltd. The decisions conflict both on criteria for locating the boundary and on its fixed or movable character. Underlying both questions are fundamental issues about the extent to which state or federal law provides the answers. After extensive analysis of these answers, Professor …
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Washington Law Review
It is no secret to residents of the western states that water is a matter of primary public concern. Land and water policies are deeply imbedded in the region, and the imprint of federal water projects on the economic geography of the West is plain to see. It is increasingly clear, however, that no coherent national policy, past or present, has emerged from the massive federal effort in the field. There is no lack of interest, planning, and expenditure on the supply and quality of water, and much progress has been made in definition and measurement of the factors that …
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Washington Law Review
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Washington Law Review
Drawing on experience gained in ten years of fighting California's water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late.
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Articles
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Washington Law Review
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Articles
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …
The Columbia River System, Ralph W. Johnson
The Columbia River System, Ralph W. Johnson
Articles
In March, 1959; the International Columbia River Engineering Board submitted its report on the co-operative development of the river to the International Joint Commission. In December, 1959, that Commission submitted to the governments of Canada and the United States its recommendations for apportionment of benefits if co-operative development is undertaken. And thirdly, in the last two years there has been much attention directed at the Peace River development, which is considered by some as competitive with the Columbia. Let us examine the effects of these events on the Columbia River problem. A presentation for Panel II, Current Legal Problems Connected …
Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson
Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson
Articles
The dispute between the United States and Canada regarding the apportionment of the Columbia River is not settled. In March 1959, pursuant to the 1944 reference, the International Joint Conimission submitted to the governments of Canada and the United States a comprehensive engineering report on "Water Resources of the Columbia River Basin" prepared by the International Columbia River Engineering Board. This report contains three plans for utilizing the resources of the Columbia. Two of these plans include diversion of part or all of the Kootenay River into the Columbia at Columbia Lakes. All three plans would develop about the same …
Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson
Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson
Articles
In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.
Natural Resources, Stanley B. Allper
Natural Resources, Stanley B. Allper
Washington Law Review
Covers cases on the right to waters of once-diverted stream flowing in a natural channel.
Washington Water Rights—A Sketch, Arval A. Morris
Washington Water Rights—A Sketch, Arval A. Morris
Washington Law Review
The general water policy applicable to unappropriated land within Washington Territory was that of prior appropriation and was announced by the Congress at an early date.6 Congressional enactments were passed in order to conform policy to the then existing practice of appropriation of water to a beneficial use and to encourage settlement of new areas. The Desert Land Act of 1877 effected a severance of all unappropriated non-navigable water from the public domain and made these waters publici juris. In addition, the states, including those forthcoming from the territories, were given plenary control over the severed water and were allowed …
Waters—Appropriation—Riparian Rights, G. Keith Grim
Waters—Appropriation—Riparian Rights, G. Keith Grim
Washington Law Review
Action by a water district to appropriate and condemn water for domestic uses from a nonnavigable lake. All the riparian land was privately owned by persons who used the lake for boating, bathing, and fishing. One tract was planted in berries and intensively fertilized, and drainage from it seeped into the lake. The trial court held that boating, bathing, fishing, and reasonable agricultural pollution were riparian rights which would be damaged by operation of the state health laws protecting water supplies, and awarded compensation for the resulting depreciation in land values. Appeal. Held: Affirmed. Petition of Clinton Water District, 36 …
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Washington Law Review
Waterfront property, though extremely popular in Washington, presents problems of ownership with which few residents are familiar. The effect of transitory water boundaries upon the divisible proprietary interests is especially complex since the present status of such boundaries is uncertain under our court's interpretation of the applicable statutes.
Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz
Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz
Washington Law Review
The need for water in this state was destined to play a vital part in the development of the law of water rights. While west of the Cascade Range there was relatively little or no shortage of available water, east of the Cascades the problem was serious. In many parts water was scarce and much capital required to make it available for use. Where, however, water was available in artesian basins, streams or rivers, conflicts arose among competing users. Regrettable as those conflicts were, they did, however, cause the legislature and courts to regulate and pass upon claims made. In …