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Full-Text Articles in Law

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens Jan 2018

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens

Articles

This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime ...


Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens Jan 2018

Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens

Articles

This article explores the emergence of formal and informal bridging organizations to facilitate solutions to water conflict at the scale of the water resource. This new approach to governance is of particular importance on rivers within or shared by countries in which water management is fragmented among national and sub-national levels of government as well as among governmental sectors. This article focuses on the Columbia River Basin, in the United States and Canada. Review of the Columbia River Treaty governing shared management of the river has opened a public dialogue on river governance. Treaty review coincides with change in both ...


Indigenous Water Justice, Barbara Cosens Jan 2018

Indigenous Water Justice, Barbara Cosens

Articles

Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples’ socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples’ right to self- determination is implicated. Growing out of a symposium hosted by the University of Colorado Law School and the Native American Rights Fund in June 2016, this Article expounds the concept of “indigenous water justice” and advocates for its realization in three major trans- boundary river basins: the Colorado (U.S./Mexico), Columbia (Canada/U.S.), and Murray-Darling ...


Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens Aug 2017

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.


Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens Jan 2017

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate ...


Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long Jan 2017

Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long

Articles

No abstract provided.


Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely Oct 2016

Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely

Articles

The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications “where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise.” The Supreme Court, in what has ...


Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens Jan 2016

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western ...


The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens Jan 2016

The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens

Articles

No abstract provided.


Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens Jan 2016

Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.


Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long May 2015

Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long

Articles

No abstract provided.


Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely Oct 2014

Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely

Articles

No abstract provided.


Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens Jan 2014

Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens

Articles

No abstract provided.


Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens Jan 2012

Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens

Articles

The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of ...


Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens Jan 2010

Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens

Articles

No abstract provided.


Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens Jan 2010

Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.


Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens Jan 2006

Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens

Articles

No abstract provided.


2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens Jan 2006

2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens

Articles

In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States ...


Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens Oct 2003

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.


Water Dispute Resolution In The West: Process Elements For The Modern Era In Basin-Wide Problem Solving, Barbara Cosens Jan 2003

Water Dispute Resolution In The West: Process Elements For The Modern Era In Basin-Wide Problem Solving, Barbara Cosens

Articles

Growing urban water demand, recent recognition of tribal water rights, and needs for critical aquatic habitat in the face of the archaic law governing water allocation are driving people in the western United States to seek alternative methods to resolve water allocation disputes. The current ad hoc and locally driven approach to negotiation of basin-wide water issues runs the risk of overlooking broader interests. Whereas water use is local and rives local economies, the continued viability of our water resources and the legacy we leave to future generations in water infrastructure, social stability, an environmental amenities is national in scope ...


Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens Jan 2003

Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens

Articles

No abstract provided.


"Irrigated Eden:" Tales Of The Many Snake Rivers, Dale Goble Jan 2000

"Irrigated Eden:" Tales Of The Many Snake Rivers, Dale Goble

Articles

No abstract provided.


Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble Jan 2000

Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble

Articles

No abstract provided.