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Full-Text Articles in Law

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.


Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib Dec 2017

Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib

Michigan Law Review

In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically common groundwater-contamination emergencies.


2013, August 7 – California State Water Resources Control Board Order Wr 2013-0030-Exec And June 2013 Settlement Agreement With Monterey County Water Resources Agency Nov 2017

2013, August 7 – California State Water Resources Control Board Order Wr 2013-0030-Exec And June 2013 Settlement Agreement With Monterey County Water Resources Agency

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

Monterey County Water Resources Agency (formerly Monterey County Flood Control and Water Conservation District) submitted Application 13225 and 13226 (combined into Permit 11043) in response to problems of seawater intrusion in the Salinas Valley Groundwater Basin examined by California Department of Public Works in Bulletin 52 published in 1946. The express intent of the application was to implement the solutions outlined in Bulletin 52 to combat sweater intrusion by diverting 400 cubic feet water per second from Salinas River for municipal and agricultural uses, not to exceed 168,538 acre-feet per year.. Phase I was successfully implemented in 2010. Phase II …


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 Oct 2017

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

Holly Doremus

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 …


2017, October - Recommendations To Address The Expansion Of Seawater Intrusion In The Salinas Valley Groundwater Basin Oct 2017

2017, October - Recommendations To Address The Expansion Of Seawater Intrusion In The Salinas Valley Groundwater Basin

Monterey County Water Resources Agency Engineering Reports

This report provides a discussion of the current knowledge and related background information surrounding seawater intrusion pathways and potential impacts thereof on the Salinas Valley Groundwater Basin. The report also serves as a body of evidence to catalogue the findings used to support the six recommendations presented. Each recommendation can be implemented on its own or in concert with the others, and the relative importance of each is discussed individually in this report. However, the recommendations are conceptualized as a comprehensive solution that, along with continued operation of projects that have been constructed for the same purpose, have the strongest …


2017, October - Recommendations To Address The Expansion Of Seawater Intrusion In The Salinas Valley Groundwater Basin Sep 2017

2017, October - Recommendations To Address The Expansion Of Seawater Intrusion In The Salinas Valley Groundwater Basin

Monterey County Water Resources Agency Water Reports

This report provides a discussion of the current knowledge and related background information surrounding seawater intrusion pathways and potential impacts thereof on the Salinas Valley Groundwater Basin. The report also serves as a body of evidence to catalogue the findings used to support the six recommendations presented. Each recommendation can be implemented on its own or in concert with the others, and the relative importance of each is discussed individually in this report. However, the recommendations are conceptualized as a comprehensive solution that, along with continued operation of projects that have been constructed for the same purpose, have the strongest …


Whatcom County V. Hirst, Et Al, Stephanie A. George Sep 2017

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.


2012, May - San Luis Obispo County Master Water Report, Volume Iii Of Iii Jul 2017

2012, May - San Luis Obispo County Master Water Report, Volume Iii Of Iii

San Luis Obispo Public Works Water Reports

A compilation of current and future water resource management activities with in San Luis Obispo County that are organized by Water Planning Areas. The report explores how the activities interrelate, analyzes current and future supplies and demands, and identifies future water management strategies and ways to optimize existing strategies


2014, February 26 – Proposal To Abolish Or Limit Water Data Confidentiality To 1-5 Years: Improving Water Resource Management And Increasing Net Water Benefits In The State Of California Jun 2017

2014, February 26 – Proposal To Abolish Or Limit Water Data Confidentiality To 1-5 Years: Improving Water Resource Management And Increasing Net Water Benefits In The State Of California

Related Research and Documents

A February 26, 2014, submission by Dr. Peter Reinelt to the California State Water Resources Control Board his Proposal to Abolish or Limit Water Data Confidentiality. This proposal provided a conceptual economic framework for a comprehensive review of the economics of water data confidentiality with the goal, in furtherance of both public and private interest, of improving water resource management and increasing net water benefits in the State of California.


1997, April 14 – Salinas Valley Water Coalition Request To Monterey County Board Of Supervisors To Deny Tanimura & Antle’S Claim For Alternative Relief Filed On March 24, 1997. Jun 2017

1997, April 14 – Salinas Valley Water Coalition Request To Monterey County Board Of Supervisors To Deny Tanimura & Antle’S Claim For Alternative Relief Filed On March 24, 1997.

Related Research and Documents

1997 correspondence, claim for alternative relief and supporting declarations and documents, all relating to issues pertaining to the operation of the Nacimiento and San Antonio reservoirs, the conveyance system and the delivery of water to parcels located in the Salinas River Groundwater Basin at the north end of Monterey County, California


2007, November 2 - Zone 2b Proposition 218 Engineer's Report Jun 2017

2007, November 2 - Zone 2b Proposition 218 Engineer's Report

Monterey County Water Resources Agency Engineering Reports

A 2007 Engineer’s Report prepared in order to document the basis of the delivery charges for recipients of water delivered from the Salinas River Diversion Facility that necessitated the development of a financing plan for the capital improvements, the annual operation and maintenance costs for those improvements, and the annual operations and maintenance costs of the existing facilities.


The Clark Fork Coalition V. Tubbs, Jonah P. Brown Feb 2017

The Clark Fork Coalition V. Tubbs, Jonah P. Brown

Public Land & Resources Law Review

Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.


2012, May - San Luis Obispo County Master Water Report, Volume I Of Iii Jan 2017

2012, May - San Luis Obispo County Master Water Report, Volume I Of Iii

San Luis Obispo Public Works Water Reports

A compilation of current and future water resource management activities with in San Luis Obispo County that are organized by Water Planning Areas. The report explores how the activities interrelate, analyzes current and future supplies and demands, and identifies future water management strategies and ways to optimize existing strategies.


2012, May - San Luis Obispo County Master Water Report, Volume Ii Of Iii Jan 2017

2012, May - San Luis Obispo County Master Water Report, Volume Ii Of Iii

San Luis Obispo Public Works Water Reports

A compilation of current and future water resource management activities with in San Luis Obispo County that are organized by Water Planning Areas. The report explores how the activities interrelate, analyzes current and future supplies and demands, and identifies future water management strategies and ways to optimize existing strategies.


Owning Groundwater: The Example Of Mississippi V. Tennessee, Christine A. Klein Jan 2017

Owning Groundwater: The Example Of Mississippi V. Tennessee, Christine A. Klein

UF Law Faculty Publications

In Mississippi v. Tennessee, a case currently on the U.S. Supreme Court’s docket, Mississippi claims that it owns all groundwater stored underneath its borders that does not cross into Tennessee under “natural predevelopment” conditions—before the advent of modern well technology. Mississippi seeks more than six hundred million dollars for pumping by Tennessee wells that tap into a geologic formation that underlies both states. This is a remarkable claim that departs from the almost uniformly established proposition that the states do not “own” the water within their borders, but instead are authorized to manage that water for the “use” of …


Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi Jan 2017

Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi

Law Faculty Scholarship

No abstract provided.


1949 Salinas Basin Investigation, Basic Data Used In Bulletins 52, 52-A And 52-B Sep 2016

1949 Salinas Basin Investigation, Basic Data Used In Bulletins 52, 52-A And 52-B

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

The 1949 Salinas Basin Investigation - Basic Data publication presented the previously unpublished basic data supporting the analyses and conclusions in Bulletins 52, 52-A and 52-B. The documents includes well descriptions in Salinas Valley, water levels at wells, quality of water, water levels at wells, quality of water, well logs, and maps depicting lands irrigated in Salinas Valley in 1945.


Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray Sep 2016

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Zachary Bray

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …


1950 Salinas Basin Investigation - Basic Data (1948-1950) Sep 2016

1950 Salinas Basin Investigation - Basic Data (1948-1950)

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

This supplemental report contains basic data collected between September 1948 and April 1950 on measurements of water levels at wells and quality of water checks as it related to the saline intrusion into groundwater located in the lower Salinas Basin, previously presented in Bulletins 52, 52-A and 52-B.


1946 Salinas Basin Investigation Summary Report, Bulletin No. 52-B Sep 2016

1946 Salinas Basin Investigation Summary Report, Bulletin No. 52-B

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

This joint 1946 18-month investigation of the Salinas Basin by the State Department of Water Resources and the County of Monterey deals with conditions in the lower Salinas River Basin near Monterey Bay due to saline water intrusion into the groundwater supply that was utilized for irrigation, domestic and industrial purposes. The report discusses the history of the basin, a description of the Salinas Valley, sub-basins, inflow and outflow, crops, wells, percolation, underground hydrology, quality of water, evaluation of water problem, methods of conservation, proposed solution and legal considerations.


1996 Monterey County Water Resources Agency Groundwater Extraction Summary Report Aug 2016

1996 Monterey County Water Resources Agency Groundwater Extraction Summary Report

Monterey County Water Resources Agency Water Reports

Annual report required by Monterey County Ordinances No. 3663 and 3717 in order to provide the Monterey County Water Resources Agency the most accurate water use information possible in order to manage water resources. Groundwater extraction data are presented by measurement in acre-feet equal to 325,851 gallons.


2003 Monterey County Water Resources Agency Groundwater Extraction Summary Report Aug 2016

2003 Monterey County Water Resources Agency Groundwater Extraction Summary Report

Monterey County Water Resources Agency Water Reports

Annual report required by Monterey County Ordinances No. 3663 and 3717 in order to provide the Monterey County Water Resources Agency the most accurate water use information possible in order to manage water resources. Groundwater extraction data are presented by measurement in acre-feet equal to 325,851 gallons.


2002 Monterey County Water Resources Agency Groundwater Extraction Summary Report Aug 2016

2002 Monterey County Water Resources Agency Groundwater Extraction Summary Report

Monterey County Water Resources Agency Water Reports

Annual report required by Monterey County Ordinances No. 3663 and 3717 in order to provide the Monterey County Water Resources Agency the most accurate water use information possible in order to manage water resources. Groundwater extraction data are presented by measurement in acre-feet equal to 325,851 gallons.


2013 Monterey County Water Resources Agency Groundwater Extraction Summary Report Aug 2016

2013 Monterey County Water Resources Agency Groundwater Extraction Summary Report

Monterey County Water Resources Agency Water Reports

Annual report required by Monterey County Ordinances No. 3663 and 3717 in order to provide the Monterey County Water Resources Agency the most accurate water use information possible in order to manage water resources. Groundwater extraction data are presented by measurement in acre-feet equal to 325,851 gallons.