Natural Resources Law Commons^™

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.

Precious, Worthless, Or Immeasurable: The Value And Ethic Of Water, Gabriel Eckstein

Faculty Scholarship

This Article introduces and briefly explores some of the topics related to the value and ethics of water that were considered at the symposium, Precious, Worthless, or Immeasurable: The Value and Ethic of Water, which took place November 2-4, 2006, at the Texas Tech University School of Law. The purpose of the Symposium was to consider how this precious liquid is valued, assessed, and perceived with regard to law and regulations, economics and commerce, people and communities, culture and religion, and others aspects of society that are impacted by water. While far from a comprehensive analysis of the subject matter, …

Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp

ExpressO

Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.

Rapanos, Carabell, And The Isolated Man, Joel B. Eisen

University of Richmond Law Review

No abstract provided.

Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon

University of Richmond Law Review

The Chesapeake Bay Program ("the CBP" or "Program") has been widely celebrated as a model of collaborative management for large multijurisdictional watersheds and for ecosystem management more generally.' In an article published six years ago, I joined in the celebration.2 But recent events warrant consideration of whether restructuring of the program is called for. In this essay, I consider whether greater centralization of decisionmaking for the Bay would address recent criticisms of the Program and better protect the public interest. After evaluating two alternative forms for the Program involving greater centralization, I conclude that major restructuring is not in order. …

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.

An Environmental Pool For The Rio Grande, Kara Gillon

Publications

The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …

Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson

Publications

No abstract provided.

Rethinking The Great Lakes Compact, Mark Squillace

Publications

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of …

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

Publications

No abstract provided.

Crystals And Mud In Nature, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Professor James Salzman has written a wonderful article, which promises an equally wonderful book. His article intelligently and thoughtfully examines the forces that compete, conflict, and combine in the creation of laws relating to drinking water. These include, of course, the physical characteristics of the resource itself and how the resource relates to essential biological needs of humankind. But as Professor Salzman demonstrates, the biological role is only one of several perspectives on drinking water relevant to the kind of legal rules that apply to it. The article describes drinking water as a cultural resource, a social resource, and an …

Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol

Publications

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Of Rainbows And Rivers: Lessons For Telecommunications Spectrum Policy From Transitions In Property Rights And Commons In Water Law, Dale B. Thompson

ExpressO

A number of industries utilize the telecommunications spectrum to provide billions of dollars of services. However, some have noted that technological development and implementation of spectrum applications have not progressed as fast in the United States as in other parts of the world To improve technological development, many have recommended significant changes in United States policy of allocating spectrum, some based on a “property rights” approach, and others based on a “commons” approach. This article takes a novel approach to this problem, by applying lessons from our two hundred year history of water law to spectrum policy. Also, instead of …

Slides: Establish True Basin-Wide Institutions: The Return To The River Basin As The Unit Of Management, Charles W. (Chuck) Howe

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

Presenter: Charles Howe, University of Colorado.

13 pages and 10 slides.

Contains references.

Slides: The Multi-Species Conservation Program: What It Means For Water Users And The Environment In The Lower Basin, Joe Vanderhorst, Bob Johnson

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

Presenter: Joe Vanderhorst, Metropolitan Water District of Southern California.

Respondent on US-Mexico Issues and Other Lower Basin Matters: Bob Johnson, US Bureau of Reclamation.

26 slides.

Slides: Flowing Down The Basin: Federal Litigation On The Colorado River, Michael Gheleta

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

Presenter: Michael Gheleta, US Department of Justice.

53 slides.

Slides: Gila River Indian Community Water Settlement, Rodney B. Lewis

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

Presenter: Rodney B. Lewis, Gila River Tribal Attorney.

60 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

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 …

Slides: Last In Line: Environmental Impacts Of Increased Colorado River Stress And Shortages, Michael Cohen

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

Presenter: Michael Cohen, Pacific Institute.

35 slides and 34 pages (includes color illustrations and map).

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

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

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …