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- Publications (7)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (6)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (5)
- Articles by Maurer Faculty (3)
- Faculty Scholarship (3)
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- Journal Publications (3)
- Federal Documents (2)
- Law Faculty Scholarly Articles (2)
- UF Law Faculty Publications (2)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (2)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (2)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- CUEL - Center for Urban Environmental Law (1)
- California Agencies (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Faculty Publications (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
- Journal Articles (1)
- Maryland Law Review Online (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (1)
Articles 1 - 30 of 66
Full-Text Articles in Water Law
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein
UF Law Faculty Publications
Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article dubs such phenomenon “groundwater exceptionalism,” and identifies groundwater as an under-theorized aspect of both property law and water law. It brings to light the numerous legal doctrines infected by exceptionalism, including state water rights law, the federal reserved rights doctrine, the apportionment of interstate waters, and …
Don't Go In The Water: On Pathological Jurisdiction Splitting, Jamison E. Colburn
Don't Go In The Water: On Pathological Jurisdiction Splitting, Jamison E. Colburn
Journal Articles
Waters and water rights have endured (or induced) a uniquely pathological tendency in our tradition to split up the authority to declare the operative legal interests therein. By studying three seemingly unrelated areas of waters and water rights law, this tendency is brought out in its essence and linked to explicit foundations and likely causes. Ultimately, this kind of extreme jurisdiction splitting is rendering our waters ungovernable, forcing even the most basic legal questions to go undecided. The last part of the article introduces three different reform pathways but cautions against the search for quick fixes of any kind.
The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein
The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein
Faculty Scholarship
International water agreements are often used as mechanisms for fostering and institutionalizing political cooperation. Yet, since water resources in many places are being driven to the edge of their natural limits, a number of international organizations have formulated legal principles and norms aimed at helping states resolve water disputes. While states have been urged to adopt these principles, it seems that they often embrace other less-traditional alternatives that may better address their own political needs. The aim of this study is to examine why states fail or decline to adopt several of the general principles of customary law formulated by …
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)
10 slides
Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa
Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa
Faculty Publications
Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close.
At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water scarcity. …
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
Maryland Law Review Online
No abstract provided.
Leveraging Mining Investments In Water Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda
Leveraging Mining Investments In Water Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda
Columbia Center on Sustainable Investment Staff Publications
The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for water infrastructure.
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
UF Law Faculty Publications
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …
Unquenched Thirst: The Need For A Constitutionally Recognized Right To Water In Ghana, Tia Crosby
Unquenched Thirst: The Need For A Constitutionally Recognized Right To Water In Ghana, Tia Crosby
Student Works
The practice of privatizing water is often discussed as the leading method for improving access to adequate water in developing countries. Notably, this method has a cost that frequently impedes access to water in the developing world, while exploiting the profitability of a natural resource that is vital to human life. In Ghana, the failure of water privatization initiatives and the growing scarcity of adequate water have caused a public health crisis that necessitates a quick and efficient solution. As demonstrated in South Africa, the codification of the right to water in its constitution has improved access to adequate water, …
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Groundwater In New Mexico, Darcy Bushnell
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
Proceedings Of The 2011 California Water Law Symposium (Wls). The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply, Paul S. Kibel, Anthony Austin, Melosa Granda, Luthien L. Niland
Proceedings Of The 2011 California Water Law Symposium (Wls). The End Of Paper Water: Natural Limits, Unlimited Demands And Reliable Supply, Paul S. Kibel, Anthony Austin, Melosa Granda, Luthien L. Niland
CUEL - Center for Urban Environmental Law
Proceedings of the 2011 California Water Law Symposium held at Golden Gate University School of Law on January 22, 2011.
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Faculty Scholarship
This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.
This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …
Contemporary Water Issues, Susan Kelly
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO
28 slides
Slides: Unquenchable, Robert Glennon
Slides: Unquenchable, Robert Glennon
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona
56 slides
How Much Can Be Charged For Expert-Witness Appearance Fees In Interstate Water Litigation?, Robert H. Abrams
How Much Can Be Charged For Expert-Witness Appearance Fees In Interstate Water Litigation?, Robert H. Abrams
Journal Publications
No abstract provided.
Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby
Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics
22 slides
Slides: Linking Growth, Land Use And Water, Jim Holway
Slides: Linking Growth, Land Use And Water, Jim Holway
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University
29 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
15 slides
Rethinking Western Water Law: Instream Flows, Reed D. Benson
Rethinking Western Water Law: Instream Flows, Reed D. Benson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Reed D. Benson, University of New Mexico School of Law
1 page.
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
16 pages.
Includes bibliographical references
"2007"
"Collaborative Governance Report 2"
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz
Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz
Publications
Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.
At the end of this review, our finding is that the Texans' NAFTA water claim against …