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Full-Text Articles in Law

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper Jan 2022

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …


Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez Nov 2021

Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez

Faculty Scholarship

Shared groundwater resources between Mexico and the United States are facing unprecedented stressors. We reflect on how to improve water security for groundwater systems in the border region. Our reflection begins with the state of groundwater knowledge, and the challenges groundwater resources face from a physical, societal and institutional perspective. We conclude that the extent of ongoing cooperation frameworks, joint and remaining research efforts, from which alternative strategies can emerge, still need to be developed. The way forward offers a variety of cooperation models as the future offers rather complex, shared and multidisciplinary water challenges to the Mexico–US borderlands.


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 …


Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy Jun 2016

Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Amy McCoy, Director, Aylward + McCoy & Pilz Consulting LLC, University of Arizona

18 slides


Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jun 2016

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …


Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger Jan 2016

Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger

Faculty Articles

From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth. …


Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein Jul 2015

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Gabriel Eckstein

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …


Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein Jul 2015

Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein

Gabriel Eckstein

Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region. In the absence of national governmental interests and involvement on either side of the frontier, …


Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle Jun 2015

Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Anne J. Castle, Stanford Woods Institute for the Environment

40 slides


Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project Mar 2014

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides


Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group Jan 2014

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.


Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein Oct 2012

Rethinking Transboundary Ground Water Resources Management: A Local Approach Along The Mexico-U.S. Border, Gabriel E. Eckstein

Faculty Scholarship

Despite more than forty years of promises to the contrary, neither Mexico nor the United States have shown any inclination to pursue a border-wide pact to coordinate management of the border region’s transboundary ground water resources. As a result, these critical resources – which serve as the sole or primary source of fresh water for most border communities on both sides – are being overexploited and polluted, leaving the local population with little recourse. Imminently unsustainable, the situation portends a grim future for the region.

In the absence of national governmental interests and involvement on either side of the frontier, …


Slides: Nokero: Power To The Powerless, Stephen Katsaros Sep 2012

Slides: Nokero: Power To The Powerless, Stephen Katsaros

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Stephen Katsaros, Inventor, Founder, and CEO, Nokero

13 slides


Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler Jun 2011

Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law

9 slides


Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn Jun 2011

Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Eric Kuhn, Colorado River Water Conservation District

15 slides


Slides: Thinking The Unthinkable, Lawrence J. Macdonnell Jun 2011

Slides: Thinking The Unthinkable, Lawrence J. Macdonnell

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Lawrence J. MacDonnell, University of Wyoming College of Law

7 slides


Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten Jun 2011

Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Steven M. Fitten, Chief Counsel, International Boundary and Water Commission (IBWC)

14 slides


Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy Jun 2011

Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

4 pages.

Press release "April 14, 2011"

"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management

Full report available at:

http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf



Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein Jan 2011

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Faculty Scholarship

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …


Agenda: Us-Mexico Negotiations On Improved Colorado River Management: An Update, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Colorado Water Conservation Board Feb 2010

Agenda: Us-Mexico Negotiations On Improved Colorado River Management: An Update, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program, Colorado Water Conservation Board

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

The United States and Mexico are currently negotiating an international accord on a variety of Colorado River water matters, including the prospects for new water projects, conservation efforts, and operational improvements. Participants are invited to hear an update on these efforts from individuals directly involved in the negotiations, including Mario López Pérez, Engineering and Technical Standards Manager in the National Water Commission of México, who is responsible for binational water issues with the USA, Guatemala and Belize.


Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez Feb 2010

Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez

US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)

Presenter: Mario López, Engineering and Technical Standards Manager, National Water Commission of México

53 slides


Slides: Indian Water Rights, Robert T. Anderson Jun 2009

Slides: Indian Water Rights, Robert T. Anderson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School

19 slides


Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt Jun 2009

Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO

26 slides


Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero Jun 2008

Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Lora A. Lucero, AICP, American Planning Association

18 slides


A Line Drawn In Water: Aquifers Beneath The Mexico-United States Border, Paul Stanton Kibel Jan 2008

A Line Drawn In Water: Aquifers Beneath The Mexico-United States Border, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger Jan 2007

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

Faculty Articles

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 …


Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther Jun 2005

Slides: "Tightening Water Supplies”: Arizona And The Lower Basin States, Herb Guenther

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Herb Guenther, Arizona Department of Water Resources.

31 slides.


Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler Jun 2005

Slides: Do The Upper Basin States Have Enough Water To Grow?: Is There Enough Water To Go Around?, Don A. Ostler

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Don A. Ostler, Upper Colorado River Commission.

24 slides.


Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation Jun 2005

Agenda: Hard Times On The Colorado River: Drought, Growth And The Future Of The Compact, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program), Colorado Water Conservation Board, Center For Advanced Decision Support For Water And Environmental Systems, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation For Water Education, Patrick, Miller & Kropf, P.C., William & Flora Hewlett Foundation

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Sponsors and Contributors: Colorado Water Conservation Board, Center for Advanced Decision Support for Water and Environmental Systems, Western Water Assessment, CU-CIRES/NOAA, Hydrosphere Resource Consultants, Rocky Mountain Mineral Law Foundation, Colorado Foundation for Water Education, Patrick, Miller & Kropf, P.C., William and Flora Hewlett Foundation.

The Colorado River is approaching a crossroads. For the first time in its history, satisfying water demands in one state may require curtailing legally-recognized uses in another. This is not the first instance of water shortages in the region, and conflict among the seven Colorado River states is certainly not new. But the potential shortages on …


History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr. Jun 2005

History Of Colorado River Law, Development And Use: A Primer And Look Forward, Greg Hobbs, Jr.

Hard Times on the Colorado River: Drought, Growth and the Future of the Compact (Summer Conference, June 8-10)

Presenter: Greg Hobbs, Jr., Colorado Supreme Court.

25 pages.

Contains references.