Water Law Commons^™

A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Harmonizing ‘Converted Wetland’ Under The Clean Water Act And Food Security Act Would Reaffirm Congress’S Intent To Limit Epa And Army Corps 404 Jurisdiction, Lawrence A. Kogan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Plugging Problems: How States In The Ohio River Basin Can Address Orphan Oil And Gas Wells, Connor Hicks

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

What The Brita Won’T Purify: Why Kentucky Is In Need Of Strict Pharmaceutical Disposal Regulations, Caroline K. Mitchell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Fragile Future Of Aquifer Storage And Recovery, Zachary A. Bray

Law Faculty Scholarly Articles

Buda, Texas-a small town that lies between Austin and San Antonio,

on the banks of Onion Creek and above the Edwards Aquifer-is perhaps

best known, though it is not particularly well known, as the "Wiener Dog

Capital of Texas." Buda's claim to this title is based upon its annual

dachshund races, which are opposed by the Dachshund Club of America

but lauded by locals, tourists, and the international press as an "event that

combines the pageantry of the Kentucky Derby and the excitement of

NASCAR with dachshunds, animals known for their small stature." Buda

is certainly unusual in relying so …

A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia

Kentucky Law Journal

No abstract provided.

Continued Turbulence In "Waters Of The United States", William T. Gorton Iii

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Interpretations Of The Clean Water Act Are As Muddy And Polluted As The Water The Act Seeks To Protect, Lauren Keeler

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Big "Blue" Nation: Expanding Aquaculture In Kentucky, K. Cassandra Keck

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Agriculture, Drainage Districts, And The Clean Water Act: Does What Happens In Des Moines Stay In Des Moines?, Harrison Pittman, Rusty Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Shaping Interstate Water Compacts To Meet The Realities Of The Twenty-First Century, Connor B. Egan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan B. Stoa

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Law Faculty Scholarly Articles

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Fracking The Oil And Gas Trade Secrets Of The Marcellus Shale Natural Gas Play, Jeremy I. Maynard

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …

The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act, Andrew S. Leung

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Practitioner's Guide To The Oklahoma Groundwater Act: How To Dip Your Bread Into The Gravy While It Is Still Hot, L. Paul Goeringer

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Law, Policy, And The Clean Water Act: The Courts, The Bush Administration, And The Statute's Uncertain Reach, Michael P. Healy

Law Faculty Scholarly Articles

The development of the jurisdictional reach of the Clean Water Act ("CWA") reflects a hybrid of the judicial determination of the clear legal requirements of the CWA and the exercise of discretionary agency policymaking in the form of legal requirements that are binding on both agency and regulated party. This distinction in the content of administrative law was not altogether clear prior to the Supreme Court's 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. Today, the distinction is fundamental to administrative law and important to assessing the evolution of the scope of CWA jurisdictional waters because the …

Still Dirty After Twenty-Five Years: Water Quality Standard Enforcement And The Availability Of Citizen Suits, Michael P. Healy

Law Faculty Scholarly Articles

When Congress enacted the Federal Water Pollution Control Act, commonly known as the Clean Water Act, it established a pollution control regime that imposed a baseline level of technology-based pollution control, and was designed to ensure that water quality would not fall below certain standards. Twenty-five years after the enactment of the Clean Water Act, success may be claimed with regard to technology-based controls. Achieving water quality standard (WQS) compliance has proved much more difficult. Indeed, evaluated from a variety of perspectives, the enforcement of the water quality-based system of pollution control must be viewed as a failure.

In light …

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Wild Dunes And Serbonian Bogs: The Impact Of The Lucas Decision On Shoreline Protection Programs, Richard C. Ausness

Law Faculty Scholarly Articles

In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve into the law of regulatory takings. This experience is seldom a pleasant one. Echoing the poet John Milton, an exasperated state court judge once described takings law as a “Serbonian Bog.” Unfortunately, the takings doctrine is only slightly more comprehensible after the Lucas decision than it was before. Nevertheless, progress in this area, however modest, deserves praise, and the Court is to be commended for clarifying one aspect of takings jurisprudence. As a result of Lucas a “categorical rule” has been announced …

The Influence Of The Model Water Code On Water Resources Management Policy In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

Increasing demands of municipal, industrial, and agricultural water users have taxed existing water supplies in many parts of the Eastern United States. Larger rivers and lakes have not been severely threatened, but recurrent drought conditions in some areas have impaired stream flows and lake levels in smaller watercourses. Groundwater problems have also arisen as more users have turned to groundwater sources to meet water needs. These problems include interference between wells, overdraft of ground- water aquifers, salt water intrusion, and subsidence. Water quality is also a problem in many states. The Florida Legislature has responded to these problems by enacting …

Water Rights, The Public Trust Doctrine, And The Protection Of Instream Uses, Richard C. Ausness

Law Faculty Scholarly Articles

Our society uses water for a variety of productive purposes, including domestic, agricultural, mining, manufacturing, and energy development. Most of these uses require physical removal of water from watercourses or ground water aquifers. Water can also serve useful purposes, however, when it remains a lake or stream. Flowing water helps to maintain water quality and furthers other uses such as recreation, aesthetic values, and ecological interests—referred to as “instream uses.”

Large quantities of water must remain in place to safeguard instream uses. At the same time, the increasing demands of consumptive water users are significantly reducing streamflows and lake levels …

Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther

Kentucky Law Journal

No abstract provided.

Survey Of The Law And Selected Issues Relating To The Deductibility Of Soil And Water Conservation Expenditures Under Section 175 Of The Internal Revenue Code, Lonnie R. Beard

Kentucky Law Journal

No abstract provided.

Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.

Water Rights Legislation In The East: A Program For Reform, Richard C. Ausness

Law Faculty Scholarly Articles

Expanding municipal and Industrial demand, along with increasing use of supplemental irrigation have escalated consumptive water use dramatically In the Eastern United States since World War II. This escalated use already has caused water shortages in some parts of the East, and experts predict more widespread water supply problems In the future.

As the inadequacies of the common law water rights system in a water-scarce environment have become evident, many eastern states have supplemented or replaced common law rules with some form of statutory water allocation system. Typically, these statutes establish a permit system administered by a state water resources …

A Proposed Revision Of Kentucky's Water Rights Legislation, Richard Ausness

KWRRI Research Reports

Kentucky's present system of water law consists of a statutory water withdrawal permit system superimposed upon a body of common-law water rights doctrine. The rights of water users are often uncertain under this system, particularly in periods of water shortage. The proposed revision of Kentucky's existing water rights legislation, would greatly reduce the significance of common-law water rights and would remedy some of the weaknesses in the present statute.

Part 1 of the proposed statute establishes an administrative structure; Part 2 deals with water withdrawal permits; Part 3 retains the present statute's provisions on the regulation of dams and impoundments, …

Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness

Law Faculty Scholarly Articles

Although adequate supplies of water are generally available in Kentucky, the law governing its use and allocation is much less satisfactory. At present, Kentucky water law is a complex mixture of common law and statutory water rights. The purpose of this article is to evaluate these water rights and suggest a number of improvements. Part I will examine the common law rules as they relate to both surface water and ground water. Part II will focus upon Kentucky's present system of statutory water use regulation and will identify some of its more serious deficiencies. Part III will recommend some short-range …