Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

1995 - North Monterey County Hydrogeologic Study Volume I, Water Resource Dec 2018

1995 - North Monterey County Hydrogeologic Study Volume I, Water Resource

Monterey County Water Resources Agency Engineering Reports

The purpose of the investigation was to develop a better understanding of the hydrogeologic setting in the North Monterey County (North County) area and to quantify the various components of water supply and demand. The investigation also focused on the institutional and planning issues associated with the resource limitations and suggests possible responses to these limitations. The investigation was intended to provide the Monterey County Water Resources Agency (MCWRA), as well as the Monterey County Departments of Planning, Building & Inspection and Division of Environmental Health, with data essential to developing a ground water management plan and to support modifications …


1998 - Salinas Valley Water (Preliminary Analysis Of) The Cause And Cost Of Seawater Intrusion Dec 2018

1998 - Salinas Valley Water (Preliminary Analysis Of) The Cause And Cost Of Seawater Intrusion

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

An analysis of the historical cause of seawater intrusion in the Pressure Area of Monterey County. An annual overdraft of groundwater resources near the coast coupled with a seasonal cycle of over pumping created a reversal in the groundwater gradient and associated cones of depression. "Marine intrusion has occurred in the 180-foot aquifer in recent years as a result of overdrafts." (Bulletin 52, 1946, p.27). The only overdrafts on groundwater in the Salinas Valley were in the East Side and Pressure Areas. "There was no shortage of groundwater in the remainder of the basin and no threat of deficiency under …


2010 - Excerpt From Master Response 4 - Water Supply Re Salinas Valley Water Supply (10-28-10) Dec 2018

2010 - Excerpt From Master Response 4 - Water Supply Re Salinas Valley Water Supply (10-28-10)

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

In addition to the Master Response to the Monterey County General Plan pertaining to the analysis of the Salinas Valley water supply, tables and figures referenced in the response are included at the end of the response. This document is for informational purposes only to provide a summary of information relative to the Salinas Valley water supply analysis contained in the Final EIR.


2016 - Memorandum Of Understanding For Integrated Regional Water Management In The Greater Monterey County Region With Amendments Through December 2016 Dec 2018

2016 - Memorandum Of Understanding For Integrated Regional Water Management In The Greater Monterey County Region With Amendments Through December 2016

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

An Integrated Regional Water Management Plan (IRWM Plan) developed by 18 member entities that include government agencies, nonprofit organizations, educational organizations, water service districts, private water companies, and organizations representing agricultural, environmental, and community interests. The IRWM Plan is an expansion and modification of a previous plan – the May 2006 Salinas Valley Integrated Regional Water Management Functionally Equivalent Plan developed by Monterey County Water Resources Agency. This MOU recognizes the joint commitment of the undersigned parties to develop an IRWM Plan for the Greater Monterey County Region. The MOU does not impose any further commitments or obligations upon any …


When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs Oct 2018

When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs

William & Mary Environmental Law and Policy Review

It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …


Scientific, Legal, And Ethical Foundations For Texas Water Law., Gabriel Eckstein, Amy Hardberger Oct 2018

Scientific, Legal, And Ethical Foundations For Texas Water Law., Gabriel Eckstein, Amy Hardberger

Gabriel Eckstein

Water law is the field of law concerned with the ownership, control, and use of water resources, both surface and subsurface. Although most closely related to property law, recent developments in other legal fields, especially in environmental law, have heavily influenced the interpretation, application, and development of water law. As a result, water law today encompasses a broad perspective and often takes into account individual and community rights, environmental issues, commerce and economics, and other societal and legal concerns. Significantly, modern water law is also an interdisciplinary practice. In light of the continuously expanding body of knowledge of the hydrologic …


State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger Oct 2018

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Gabriel Eckstein

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …


Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein Oct 2018

Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein

Gabriel Eckstein

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher Sep 2018

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Nell Green Nylen

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for …


Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus Sep 2018

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …


Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer Aug 2018

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler Apr 2018

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …


1994 - Managing Water For Drought, U.S. Army Corps Of Engineers And Institute For Water Resources Apr 2018

1994 - Managing Water For Drought, U.S. Army Corps Of Engineers And Institute For Water Resources

Miscellaneous Federal Documents & Reports

The purpose of the report was to explain the procedure for cooperative federal-state drought preparedness studies, to indicate how the studies related to the longstanding principles and guidance for federal water resources investigations, and to indicate the means of implementing conclusions arrived at in any given region. This 1994 report, developed during a four-year National Study of Water Management, summarizes the method of improving water management during drought. The method was tested and refined in four field studies in different parts of the country, in which teams of water managers and users worked together to reduce drought impacts. In each …


1958 - Dwr Bulletin No. 18, San Luis Obispo County Investigation, Volume Ii, Appendixes Apr 2018

1958 - Dwr Bulletin No. 18, San Luis Obispo County Investigation, Volume Ii, Appendixes

State and Federal Documents Relating to Monterey and San Luis Obispo Counties

This 1958 document contains the agreement and supplements between California State Water Resources Board, San Luis Obispo County and the California Department of Public Works; a discussion concerning the geology and groundwater in San Luis Obispo County; as well as records of precipitation, daily runoff and miscellaneous stream flow measurements, depths of groundwater, mineral analyses of surface and groundwater supplies, applications to appropriate water, soil moisture depletion, plans for the protection and development of recreational resources, and alternative plan of development of Nacimiento and San Antonio Rivers.


2006 - Monterey County Groundwater Management Plan Mar 2018

2006 - Monterey County Groundwater Management Plan

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

Monterey County Water Resources Agency, recognizing that management of its natural water resources is critical to ensuring a long-term sustainable and reliable good quality water supply, prepared this Groundwater Management Plan (GWMP). The purpose of the GWMP was to provide a comprehensive overview of the Salinas Valley Groundwater Basin and to recommend various management strategies for the basin. The document provided the framework for the management of groundwater resources in the Salinas Valley Groundwater Basin (exclusive of the Seaside and Paso Robles subareas) and acted as a guidance document for future groundwater projects.


Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff Feb 2018

Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff

William & Mary Environmental Law and Policy Review

No abstract provided.


Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom Jan 2018

Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom

Public Land & Resources Law Review

In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.