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The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center

The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18)

27 pages.

Contents:

Draft rules and regulations governing the use, control, and protection of surface and ground water rights in the Arkansas River and its tributaries : revised draft, September 6, 1995 / Hal Simpson -- Lower Arkansas Water Management Association viewpoint / David L. Harrison -- Aftermath of Kansas v. Colorado : concerns of surface users / Michael T. Mitchell -- Aftermath of Kansas vs. Colorado : role of the Southeastern Colorado Water Conservancy District / Steve Arveschoug

On May 15, 1995 the Supreme Court handed down its opinion in the case of Kansas v. Colorado, 1995 WL 283477 …

Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …

Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston

Dalhousie Law Journal

This paper reviews the evolution of fishery management as a field of crossdisciplinary inquiry and suggests that each participating discipline tends to be attracted to its own range of explanatory theories and to its own stock of relevant data. Impacts of fishery failure are experienced at different levels of society, each suggesting a different approach to remedial action. The fishery collapse in Atlantic Canada should be studied from a comparative perspective in order to gather ideas on how to cope more effectively with the socio-economic consequences. Above all, however, the disaster should be seen as an unprecedented challenge for the …

Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen

Dalhousie Law Journal

This paper examines some of the basic economic, political and scientific assumptions we have utilized to organize fisheries activities in the North Atlantic. In particular, we discuss and criticize our commitments to corporate economic organization, centralized administrative structures, and conventional science. In addition, we raise questions about the obligation of our respective nation-states to the coastal communities which have most directly been affected by the social policies emanating from our institutional commitments.

What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair

Dalhousie Law Journal

Fisheries managers should really be attempting to manage the fishing fleets and the processing industry, not the fish. Consequently we argue that effective management ought to take an eco-systems approach that is necessarily interdisciplinary, incorporating both natural and social sciences. We ascribe the inadequate results of existing management regimes to scientific uncertainty, political pressures, the regulations' lack of legitimacy among fishers, and excessive reliance on individual fishers (rather than households and communities) as the unit of analysis. In a new interdisciplinary approach, we emphasize the contribution of social science in helping to understand what is defined as Scientific knowledge, how …

Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews

Dalhousie Law Journal

This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …

The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles

Dalhousie Law Journal

While many explanations have been proposed for the 1990s Atlantic Canadian groundfishery collapse-ranging from "natural causes" to over-fishing and damaging technologies, to failures of fishery management and science-this paper examines the possibility that underlying these, at the roots of the collapse, liae set of entrenched attitudes that have driven fishery decision making. These attitudes, about the natural world, about management and about how the fishery should function, became influential especially where they prevailed at the institutional level, as the accepted wisdom among the dominant players in government and the fishery. Four sets of conservation-related attitudes are considered, dealing with (1) …

Evaluating The Expertise Of Experts, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Professor Shrader-Frechette maintains that a rigid distinction between risk assessment and risk management is unwise. Concerned about procedural fairness, she argues that the public should have a voice in both.

Towards A Bargaining Theory Of The Firm , Manuel A. Utset

Cornell Law Review

No abstract provided.

Report To The Colorado Department Of Natural Resources And The State Board Of Land Commissioners, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Department Of Natural Resources, Colorado. State Board Of Land Commissioners

Books, Reports, and Studies

1 v. (various pagings) ; 28 cm

The Fbi In The 21st Century, Howard M. Shapiro

Cornell International Law Journal

No abstract provided.

Review Of: Organizations, Uncertainties, And Risk (James F. Short, Jr. & Lee Clarke Eds.), Mehdi Sheikerz

RISK: Health, Safety & Environment (1990-2002)

Review of: Organizations, Uncertainties, and Risk (James F. Short, Jr. & Lee Clarke eds., Westview Press 1992) Acknowledgements, contributor biographies, author and subject indices, foreword, references. ISBN: 0-8133-8562-8. [383 pp. Cloth $52.50. 500 Central Ave., Boulder CO 80301-2847.]

Indigent Defense Systems In The United States, Robert L. Spangenberg, Marea L. Beeman

Law and Contemporary Problems

Spangenberg and Beeman describe the structure and funding of the systems of delivery of legal services to indigent criminal defendents in use at the state level, including assigned counsel, contract attorneys and public defenders.

Toward Eliminating Bargain Basement Justice: Providing Indigent Defendants With Expert Services And An Adequate Defense, Fred Warren Bennett

Law and Contemporary Problems

No abstract provided.

An Essay On The New Public Defender For The 21st Century, Charles J. Ogletree Jr.

Law and Contemporary Problems

Funding for public defender services is woefully inadequate. Ogletree offers some anecdotal advice for public defenders and those designing public defender services.