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Water Law

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Articles 1681 - 1710 of 2716

Full-Text Articles in Environmental Law

On Integrity: Some Considerations For Water Law, Christine A. Klein Jul 2005

On Integrity: Some Considerations For Water Law, Christine A. Klein

UF Law Faculty Publications

Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical, physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of …


Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center May 2005

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …


Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis Mar 2005

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …


Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk Mar 2005

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.


Delawate River Basin Compact, Jeffrey Featherstone Mar 2005

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.


Editors' Note, Melanie Nakagawa, Kirk Herbertson Jan 2005

Editors' Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson Jan 2005

Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson

Faculty Scholarship

"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …


The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson Jan 2005

The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson

Faculty Scholarship

Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …


Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein Jan 2005

Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Sustainable Development Law & Policy

No abstract provided.


The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein Jan 2005

The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein

Sustainable Development Law & Policy

No abstract provided.


Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak Jan 2005

Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak

Sustainable Development Law & Policy

No abstract provided.


A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber Jan 2005

A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber

Sustainable Development Law & Policy

No abstract provided.


Water Wars: Drought, Flood, Folly And The Politics Of Thirst By Diane Raines Ward, Liz Klein Jan 2005

Water Wars: Drought, Flood, Folly And The Politics Of Thirst By Diane Raines Ward, Liz Klein

Sustainable Development Law & Policy

No abstract provided.


The Human Right To Water: Legal And Policy Dimensions By Salman M.A. Salman And Siobhan Mcinerney-Lankford, Kristen Mcgeeney, Melanie Nakagawa Jan 2005

The Human Right To Water: Legal And Policy Dimensions By Salman M.A. Salman And Siobhan Mcinerney-Lankford, Kristen Mcgeeney, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch Jan 2005

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.


Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer Jan 2005

Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer

Sustainable Development Law & Policy

No abstract provided.


Volume 5 Issue 1, Sustainable Development Law & Policy Jan 2005

Volume 5 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


The Legal Implications Of The Israeli-Palestinian Water Crisis, Juliette Niehuss Jan 2005

The Legal Implications Of The Israeli-Palestinian Water Crisis, Juliette Niehuss

Sustainable Development Law & Policy

No abstract provided.


The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi Jan 2005

The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi

Sustainable Development Law & Policy

No abstract provided.


Public Participation And Access To Clean Water: An Analysis Of The Cafo Rule, Ayako Sato Jan 2005

Public Participation And Access To Clean Water: An Analysis Of The Cafo Rule, Ayako Sato

Sustainable Development Law & Policy

No abstract provided.


The Constitutional Right To Water In Uruguay, Rachael Moshman Jan 2005

The Constitutional Right To Water In Uruguay, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.


Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn Jan 2005

Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


New Challenges In An Era Of Global Water Scarcity , David Hunter Jan 2005

New Challenges In An Era Of Global Water Scarcity , David Hunter

Sustainable Development Law & Policy

No abstract provided.


The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck Jan 2005

The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck

Sustainable Development Law & Policy

No abstract provided.


Limitations On The Right To Use Water: A Case Of First Impression In Michigan, Rachael Moshman Jan 2005

Limitations On The Right To Use Water: A Case Of First Impression In Michigan, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.


Improving Legislation Through Social Analysis: A Case Study In Methodology From The Water Sector In Uzbekistan, Jonathan Brown, Ayse Kudat, Kristen Mcgeeney Jan 2005

Improving Legislation Through Social Analysis: A Case Study In Methodology From The Water Sector In Uzbekistan, Jonathan Brown, Ayse Kudat, Kristen Mcgeeney

Sustainable Development Law & Policy

No abstract provided.


Can The Farmers Sue Uncle Sam When The Bureau Of Reclamation Reduces Deliveries To The Water District?, Robert H. Abrams Jan 2005

Can The Farmers Sue Uncle Sam When The Bureau Of Reclamation Reduces Deliveries To The Water District?, Robert H. Abrams

Journal Publications

Are farmers who have received water from an irrigation district "intended" third-party beneficiaries of that water district's service and repayment contracts with the United States Bureau of Reclamation and, therefore, within the scope of a waiver of sovereign immunity that would otherwise bar a suit by the farmers against the Bureau of Reclamation?


The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller Jan 2005

The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …


Indigenous Peoples' Rights To Water Under International Norms, David H. Getches Jan 2005

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …


United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz Jan 2005

United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz

Faculty Scholarship

Fairhurst v. Hagener, 422 F.3d 1146 (9th Cir. 2005) (holding pesticides discharged into navigable waters in compliance with FIFRA that leave no excess material after fulfilling their intended purpose, are not "pollutants" requiring an NPDES permit under the Clean Water Act).