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- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (7)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (6)
- Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11) (4)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (4)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (4)
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- Faculty Scholarship (3)
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- The US Army War College Quarterly: Parameters (3)
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- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Journal Publications (2)
- Mary Jane Angelo (2)
- Miscellaneous Federal Documents & Reports (2)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (2)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (2)
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- Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8) (1)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
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Articles 1 - 30 of 80
Full-Text Articles in Law
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Spring 2022, Usawc Press
Parameters Spring 2022, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Water Wars Of The Future: Myth Or Reality?, Gerald J. Krieger
Water Wars Of The Future: Myth Or Reality?, Gerald J. Krieger
The US Army War College Quarterly: Parameters
This article provides background and context for regional trends and historic agreements focused on the Nile River Basin, offers a comprehensive assessment of security challenges, and presents focus areas for future investment and cooperation. The policy recommendations will serve American interests better and improve agricultural practices in the region. Without a marked alteration of existing aid from Western countries, the water scarcity situation will continue without significantly producing the required infrastructure improvements.
A Contentious Mission: Water Supply And Corps Of Engineers Reservoirs, Reed D. Benson
A Contentious Mission: Water Supply And Corps Of Engineers Reservoirs, Reed D. Benson
Faculty Scholarship
The U.S. Army Corps of Engineers operates hundreds of multi-purpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has experienced controversy over water supply decisions, including disputes involving its Missouri River reservoirs and Lake Lanier in Georgia. When the Corps proposed a national Water Supply Rule in 2016 it drew significant opposition, forcing the agency to withdraw the rule and reassess its policies. This …
Cooperative Transboundary Mechanism, Alena Drieschova, Gabriel Eckstein
Cooperative Transboundary Mechanism, Alena Drieschova, Gabriel Eckstein
Gabriel Eckstein
Management of transboundary waters in increasingly becoming more challenging, and climate change is likely to exacerbate these pressures. Not least because climate change is a global issue, adaptation will require an international response. This book aims to identify issues, both theoretical and practical, that States face in establishing cooperative transboundary mechanisms to effectively adapt water management to climate change. Furthermore, it will address complex legal hurdles that existing transboundary water institutions face when attempting to adapt existing mechanisms to function in a changing climate. It will also provide an overview of best practices in transboundary adaptive water governance thus far, …
1994 - Managing Water For Drought, U.S. Army Corps Of Engineers And Institute For Water Resources
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 …
1994 - Executive Summary Of Lessons Learned From The California Drought (1987-1992)
1994 - Executive Summary Of Lessons Learned From The California Drought (1987-1992)
Miscellaneous Federal Documents & Reports
A 1994 report covering the period of 1987-1992 by the U.S. Army Corps of Engineers regarding a national drought study instituted in 1989 during the middle of the California drought. The study included the views of 100 key members of the California water community, representing 57 organizations that included federal, state, regional, and local water supply agencies as well as environmental, private, and governmental entities that controlled and influenced water management in California.
Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa
Ryan B. Stoa
Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological, not political, boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. With the stakes so high, Florida’s water management districts are at the center of a broad fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …
Breathing Air With Heft: An Experiential Report On Environmental Law And Public Health In China, Erin Ryan
Breathing Air With Heft: An Experiential Report On Environmental Law And Public Health In China, Erin Ryan
Scholarly Publications
This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products. With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power. China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest. In 2011, in the midst of this maelstrom, I brought my husband, young …
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention, Stephanie Biggs
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention, Stephanie Biggs
Vanderbilt Journal of Transnational Law
The Brahmaputra River is one of the world's largest transboundary waterways, yet it lacks a coherent, international management framework. The river, which flows from China through India and into Bangladesh, has been subject to decades of stalled negotiations, gamesmanship, and stop-gap oversight measures. As climate change and population growth place new stressors on the Brahmaputra and its riparian states, this arrangement will become untenable. Moreover, obtaining consensus may soon become impossible as the region grows increasingly water scarce. There is a brief window of opportunity to rectify inadequate management of the river and address urgent issues such as environmental protection …
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Protecting And Maintaining Silicon Valley’S Liquid Gold, Paul Mark Fulcher
Master's Projects
Public sector leaders and decision makers in the California water industry have learned from previous severe drought conditions that to sustain water supplies during extremely dry seasons, there is a substantial need for behavioral changes associated with water conservation efforts among the businesses and residents of the community to maintain an adequate water supply. The intent of this study is to compare four California water agencies that have been designated as sustainable groundwater agencies (GSA), and determine what current programs and/or practices those agencies are using to meet the mandated requirements of the Sustainable Groundwater Management Act of 2014 (Act …
2017 – The Development Of The Land Tenure And Water Systems In California And Specifically In The Salinas Valley Groundwater Basin [Draft]
Related Research and Documents
Beginning with the Aboriginal era through the Spanish, Mexican and United States eras, maps and governmental documents reflect the state of knowledge concerning California (and the Salinas Valley) along with the driving needs and policies that determined how water was used and managed. By examining the maps, it is possible to determine the state of knowledge in Europe (and later in the United States) as it related to the physical and geographical attributes of California prior to colonization and subsequently throughout the Spanish and Mexican periods. Governmental documents provide a window to how land was used and granted during the …
Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey
Pace Environmental Law Review
The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin
Articles by Maurer Faculty
Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and social-ecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Vanessa Casado Perez
California is facing a water crisis. Water is managed through a variety of mechanisms, including government administration and market tools. This Article argues for a regulated market-based solution. When it comes to water markets, the invisible hand needs help from the visible hand of government to prove effective. Administrative systems and markets are usually portrayed in opposition to each other, as mutually exclusive solutions. Water market advocates suggest government's role is minimal. However, as this Article identifies, to establish and maintain a functioning water market, government needs to play a variety of roles. These include the uncontested role of defining …
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
4 pages
Contains 1 footnote
Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.
Fact Sheet: Water Licences, New South Wales Aboriginal Land Council
Fact Sheet: Water Licences, New South Wales Aboriginal Land Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
4 pages
Contains references
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
15 pages
Contains footnotes
"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"
"DATED 20 APRIL 2012"
Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements1 by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …
Replacing Sustainability, Robin Kundis Craig, Melinda Harm Benson
Replacing Sustainability, Robin Kundis Craig, Melinda Harm Benson
Akron Law Review
This Article argues that, from a policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in a world characterized by such extreme complexity, radical uncertainty, and discomfiting loss of stationarity. Instead, we need new policy directions and orientations that provide the necessary capacity to deal with these “wicked problems” in a meaningful and equitable way. The realities of current and emerging SES dynamics warrant a new set of tools and approaches to governance of those systems. Part II of this Article provides a brief history of sustainability and sustainable development, including corollary emphases on …
Slides: Gwc Review Report, Larry Macdonnell
Slides: Gwc Review Report, Larry Macdonnell
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Larry MacDonnell, University of Colorado Law School
12 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Mary Jane Angelo
Current laws in Florida afford substantial protection to the “people behind the corporations” (corporate principals) and generally do not allow environmental permitting agencies such as the water management districts to consider such people in their permitting or enforcement efforts. This article poses the question “Do existing corporate law principles of limited liability defeat the important public policy of water resource protection in Florida?” First, in Parts II and III, this article introduces the problem and provides an overview of Florida water management district permitting and enforcement authorities and processes. Next, in Part IV, this article explores the existing legal authorities …
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Faculty Scholarship
California is facing a water crisis. Water is managed through a variety of mechanisms, including government administration and market tools. This Article argues for a regulated market-based solution. When it comes to water markets, the invisible hand needs help from the visible hand of government to prove effective. Administrative systems and markets are usually portrayed in opposition to each other, as mutually exclusive solutions. Water market advocates suggest government's role is minimal. However, as this Article identifies, to establish and maintain a functioning water market, government needs to play a variety of roles. These include the uncontested role of defining …
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).
Cooperative Transboundary Mechanism, Alena Drieschova, Gabriel Eckstein
Cooperative Transboundary Mechanism, Alena Drieschova, Gabriel Eckstein
Faculty Scholarship
Management of transboundary waters in increasingly becoming more challenging, and climate change is likely to exacerbate these pressures. Not least because climate change is a global issue, adaptation will require an international response. This book aims to identify issues, both theoretical and practical, that States face in establishing cooperative transboundary mechanisms to effectively adapt water management to climate change. Furthermore, it will address complex legal hurdles that existing transboundary water institutions face when attempting to adapt existing mechanisms to function in a changing climate. It will also provide an overview of best practices in transboundary adaptive water governance thus far, …
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)
30 slides
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo
Mary Jane Angelo
Except for limited provisions, Florida law does not establish a formal link between land planning and water planning. In light of the importance of water resources for the future development of the State, this is a significant "missing link." Land use planners and water managers live in very different worlds and speak very different languages. Water managers point to poor planning as the cause of environmentally inappropriate development, and planners point to the shortcomings of water management regulatory programs as the cause of environmental woes. So what is the problem?Why are water management and planning not better integrated? Should they …
Integrated Eastern States Water Management: Borrowing From The Coastal Zone Management Act, Robert H. Abrams
Integrated Eastern States Water Management: Borrowing From The Coastal Zone Management Act, Robert H. Abrams
Robert H Abrams
More robust planning and management is needed to confront new patterns of water use and increasingly extreme and less predictable variations in water availability. Items such as water allocation law, an incomplete array of water management objectives, and the comparatively rigid operating rules for water facilities, that in the past had barely mattered, are now much more important. Neither the water law of most Eastern states nor the existing water institutions are adequate to the needs of a less stable, and possibly shorter, water supply. The failure of adaptation has the potential to cause serious economic and environmental harm if …
Materials For Presentation: The Disappearing Colorado River, Lawrence J. Macdonnell
Materials For Presentation: The Disappearing Colorado River, Lawrence J. Macdonnell
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
7 pages.
"Western Economics Forum, Fall 2010"
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
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