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Articles 1 - 30 of 43
Full-Text Articles in Law
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
Articles
No abstract provided.
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on maintaining …
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …
The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely
The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely
Articles
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people-particularly those in the region now called the Northwestern United States-placed singular emphasis on preserving their traditional subsistence culture when negotiating with the United States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional uses of water, likely the most commonly claimed is for water to maintain fish habitat. A …
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens
Articles
In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …
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
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
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 (Australia). The Article begins …
Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens
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
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
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Articles
No abstract provided.
The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens
The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens
Articles
No abstract provided.
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens
Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens
Articles
Adaptive governance is an emergent phenomenon resulting from the interaction of locally driven collaborative efforts with a hierarchy of governmental regulation and management and is thought to be capable of navigating social-ecological change as society responds to the effects of climate change. The assertion of Native American water rights on highly developed water systems in North America has triggered governance innovations that resemble certain aspects of adaptive governance, and have emerged to accommodate the need for Indigenous water development and restoration of cultural and ecological resources. Similar innovations are observed in the assertion of Indigenous voices in Australia. This presents …
Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens
Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.
The 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
The 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
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 …
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long
Articles
No abstract provided.
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Assessing System Resilience And Ecosystem Services In Large River Basins, Barbara Cosens
Assessing System Resilience And Ecosystem Services In Large River Basins, Barbara Cosens
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
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.
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Articles
No abstract provided.
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
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 …
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty between the United States and Canada is currently under review. Under the treaty, the river is jointly operated by the two countries for hydropower and is the largest producer of hydropower in the western hemisphere. In considering the next phase of international river governance, the degree of uncertainty surrounding the drivers of change complicates efforts to predict and manage under traditional approaches that rely on historical ecosystem responses. At the same time, changes in social values have focused attention on ecosystem health, the decline of which has led to the listing of seven salmon and …
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Articles
No abstract provided.
Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens
Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens
Articles
The complexity of explaining highly scientific information and juggling a plethora of social values is leading agencies and communities such as those in the Palouse Basin to explore the use of participatory modeling processes using system dynamics. Participatory system dynamics as a methodology creates a transparent nexus of science, policy options, social concerns and local knowledge that enhances discussion of issues surrounding the use of natural resources. The process of developing a systems model uses the tenets of scientific theory, hypothesis testing and clear statements of assumptions. A unique aspect of the Palouse basin project is the use of system …
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Articles
No abstract provided.
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.