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Full-Text Articles in Water Law
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra B. Zellmer
Faculty Law Review Articles
Last year, hundreds of thousands of residents of the lower Mississippi River basin were forced to flee Hurricane Katrina.2 Having scattered like leaves before the gale-force winds that pounded the Gulf Coast, many are still displaced by the wreckage caused by storm surges and floodwaters.3 Those who have returned continue to experience the adverse effects of a shattered infrastructure as they attempt to rebuild their homes and their lives. The environmental calamity is profound: drinking water sources polluted by destroyed septic systems and leaking storage tanks; contaminated sediments from the bayous to the residents' backyards; decimated marshes and oyster beds-in …
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Is Water Property?, Sandra B. Zellmer, Jessica Harder
Faculty Law Review Articles
One of the most controversial issues in natural resources law is whether interests in water are property. In the western United States, water is typically viewed by appropriators as a form of private property, while in the East it is not. In either case, the law is surprisingly unsettled, notwithstanding the important consequences that follow, particularly under constitutional takings jurisprudence. Treating water as property has significant implications for investment, conservation and environmental protection as well. Establishing secure property rights can foster stewardship and wise investment of labor and capital. By the same token, the absence of property ownership can result …