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Full-Text Articles in Water Law

Can A State’S Water Rights Be Dammed? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson May 2019

Can A State’S Water Rights Be Dammed? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson

Michigan Journal of Environmental & Administrative Law

Interstate rivers are subject to the doctrine of equitable apportionment, whereby the Supreme Court seeks to ensure that all states that share such rivers get a fair portion of their benefits. The Court has rarely issued an equitable apportionment decree, however, and there is little law on whether the doctrine protects river flows for environmental purposes. The ongoing Florida v. Georgia litigation in the Supreme Court raises this issue, as Florida seeks to limit consumptive uses by upstream Georgia to preserve flows in the Apalachicola River, which provide both economic and environmental benefits. This Article summarizes both the equitable apportionment …


Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner Feb 1914

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …