Water Law Commons^™

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

Kentucky Law Journal

No abstract provided.

Legal Institutions For The Allocation Of Water And Their Impact On Coal Conversion Operations In Kentucky, Richard C. Ausness, Gary W. Callahan, Steven W. Dills, Bill H. Flynn, John S. Gillig

KWRRI Research Reports

The conversion of coal into other types of fuel through gasification and liquefaction has been proposed as a means of coping with America's increasing energy needs. Coal conversion plants require large quantities of water for cooling purposes and for use as a raw material.

There are three types of water allocation presently used in the United States, riparianism, prior appropriation, and administrative permit systems. The common law riparian system is undesirable because under it water rights are insecure and subject to locational use restrictions. Prior appropriation is better, but the permanent water right created under this system results in excessive …

Coal Mine Water Pollution: An Acid Problem With Murky Solutions, J. T. Begley, John Philip Williams

Kentucky Law Journal

No abstract provided.

The Law Of Water Allocation In Kentucky, Richard C. Ausness, Bill H. Flynn

KWRRI Research Reports

This study discusses navigability concepts, consumptive rights to surface and ground waters, the disposal of diffused surface waters and the administration of Kentucky's statutory water allocation system.

Federal regulatory powers are based on navigability as is state ownership of submerged lands. Kentucky uses the ebb-and-flow test of navigability to determine title to submerged lands but uses a navigability-in-fact test to determine the scope of state regulatory authority. Consumptive uses of water in Kentucky are governed by the riparian landowner to use as much water as he needs as long as his use does not interfere with the legitimate uses of …

Land Use Controls In Coastal Areas, Richard C. Ausness

Law Faculty Scholarly Articles

Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …

A Survey Of State Regulations Of Dredge And Fill Operations In Nonnavigable Waters, Richard C. Ausness

Law Faculty Scholarly Articles

Several states have recently enacted legislation regulating dredge and fill operations in certain classes of nonnavigable waters. Professor Ausness examines some of the decisions arising under these acts to determine if any distinguishable trend has emerged regarding the nature and extent of constitutional limitations on the regulation of such activities.

A Model Water Code By Frank E. Maloney, Richard C. Ausness, And J. Scott Morris, Anita L. Morse

Kentucky Law Journal

No abstract provided.

The Multiple Use Concept As The Basis Of A New Outer Continental Shelf Legislative Policy, John E. Montgomery

Kentucky Law Journal

No abstract provided.

Administering State Water Resources: The Need For Long-Range Planning, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

Drastically increased demands upon the nation's water resources are predicted in the coming years as a result of population growth, increased per capita use of water, and the progressive concentration of the population in urban areas.

One solution to the water shortage problem is to obtain water from new sources. The boldest and most ambitious proposal is the North American Water and Power Alliance (NAWAPA). This project would result in the damming of various rivers in Alaska and the Canadian Yukon, and transporting the waters of these rivers into a largely man-made five hundred mile long reservoir along the Rocky …

A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

As a nation, the United States is in the early stages of a developing water crisis. With an exploding population accompanied by great technological advances in industry and agriculture, America is using progressively more water each day; the increasing use threatens to exceed available supplies in the future unless available resources are properly managed.

As the demand for water grows, problems related to the equitable allocation of this important resource will likewise increase. The need that presently exists for an integrated and balanced approach to the problems of water consumption, pollution, navigation and recreation will become even more acute in …

Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The American public of late has shown increasing concern over the quality of the environment. Water pollution has long been recognized as a major threat to a better environment. Municipal, industrial, and agricultural operations all contribute to the pollution problem. Municipalities empty millions of gallons of inadequately-treated sewage into the nation's rivers and streams. Municipal wastes are almost exclusively organic in nature. Currently municipal wastes are estimated to average about ten million tons annually while industrial pollution averages approximately fifteen million tons. Treatment in general is technologically feasible; the primary impediment is financial inability on the part of municipalities to …

Preservation Of Scenic Rivers, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.

The Economic Analysis Of Recreational Reservoirs, L. Douglas James

Kentucky Law Journal

No abstract provided.

Small Watershed Development--Application Of 1954 Federal Legislation To Kentucky, William E. Bivin

Kentucky Law Journal

No abstract provided.

Boundaries--"Thread Of The Stream"--The Kentucky Rule, James Francis Miller

Kentucky Law Journal

No abstract provided.

A Comparative Analysis Of Kentucky Water Law, J. Arna Gregory

Kentucky Law Journal

No abstract provided.

Riparian Rights--Analysis Of New Statutory Provisions, J. Arna Gregory Jr.

Kentucky Law Journal

No abstract provided.

Irrigation With Non-Riparian Surface Water And Subterranean Water In Kentucky, George B. Baker Jr.

Kentucky Law Journal

No abstract provided.

Irrigation In Kentucky As Affected By The Law Of Riparian Rights, Hugh C. Evans

Kentucky Law Journal

No abstract provided.

Contract Liability Of Water Companies To Citizens In Kentucky, Harry B. Miller Jr.

Kentucky Law Journal

No abstract provided.

The Rule In Kentucky As To Surface Water, Arnett Mann

Kentucky Law Journal

No abstract provided.

Navigability Of Waters In Kentucky, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.