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Full-Text Articles in Law
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien
Golden Gate University Environmental Law Journal
The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction …
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein
Golden Gate University Environmental Law Journal
Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water rights entitlement …
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Golden Gate University Law Review
In Peterson v. Department of the Interior the Ninth Circuit held that section 203(b) of the Reclamation Reform Act of 1982 (RRA), a comprehensive amendment of the Federal Reclamation Act, did not unconstitutionally take the property of state Water Districts in California's Central Valley without due process or compensation. The court found that pre-existing water delivery contracts with the Bureau of Reclamation did not confer a constitutionally protectable right to receive federally subsidized water upon the Water Districts. In Peterson, the first ruling by any circuit court on a direct challenge to the RRA, the Ninth Circuit examined the retroactive …
Federal Jurisdiction, Williamson B.C. Chang
Federal Jurisdiction, Williamson B.C. Chang
Golden Gate University Law Review
No abstract provided.
Indian Law, Margaret Crow
Indian Law, Mark R. Peterson, May Lee Tong
Indian Law, Mark R. Peterson, May Lee Tong
Golden Gate University Law Review
No abstract provided.
Indian Law, Jeffrey A. Titus
Indigenous Peoples, Human Rights And Natural Resource Development: Chile's Mapuche Peoples And The Right To Water, Lila Barrera-Hernández
Indigenous Peoples, Human Rights And Natural Resource Development: Chile's Mapuche Peoples And The Right To Water, Lila Barrera-Hernández
Annual Survey of International & Comparative Law
This paper is based on the contention, included in the 1997 Proposed American Declaration on the Rights of Indigenous Peoples, that "traditional collective systems for control and use of land, territory and resources, including bodies of water and coastal areas, are a necessary condition for [indigenous peoples'] survival, social organization, development and their individual and collective well-being." It intends to present and analyze some of the issues facing the Mapuche peoples of Chile as they fight to maintain control of water resources in their territories. The right to water is chosen, amongst other human rights also at stake in the …
Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye
Aligning Visions For The Bay-Delta: Market-Based Ecosystem Restoration Through Agricultural Efficiency Improvements, Derek Adrian Hoye
Golden Gate University Environmental Law Journal
This Comment proposes a comprehensive solution that could generate enormous water savings by increasing the efficiency of agriculture. Part II outlines the basics of California water law, specifically focusing on laws pertaining to water conservation and transfer. Part III analyzes the systems used in three other states to deal with water shortages and declining ecosystems. Part IV presents a proposal for conserving agricultural water, promoting irrigation efficiency through an educational outreach program, and using the water-transfer market as an economic incentive for efficiency. This proposal supplements the recommendations of the Strategic Plan with practical implementation analysis and achievable goals.