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Articles 241 - 270 of 585
Full-Text Articles in Water Law
Joe Stell's Life, Career, & Contributions, Susan Kelly
Joe Stell's Life, Career, & Contributions, Susan Kelly
Water Matters!
Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …
Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson
Rivers To Live By: Can Western Water Law Help Communities Embrace Their Streams?, Reed D. Benson
Faculty Scholarship
In short, this article will adress: (1) the ways in which traditional western water law has hindered efforts to preserve free-flowing rivers in our communities; (2) some examples of how cities and towns are making efforts to keep their rivers flowing in order to provide recreation and other public benefits, and the ways in which water law is beginning to change to accomodate these efforts; and (3) some suggestions for water law reforms that would expand opportunities for western communities to keep water flowing in their rivers.
Water Forum 2006, Susan Kelly
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
Natural Resources Journal
No abstract provided.
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
Natural Resources Journal
No abstract provided.
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
Natural Resources Journal
No abstract provided.
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
Natural Resources Journal
No abstract provided.
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Active Water Resource Management: Tools For Better Water Management, John D'Antonio
Publications
No abstract provided.
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack
Publications
No abstract provided.
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary
Publications
No abstract provided.
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
Natural Resources Journal
No abstract provided.
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Deflating The Deference Myth: National Interests Vs. State Authority Under Federal Laws Affecting Water Use, Reed D. Benson
Faculty Scholarship
This Article seeks to separate the myth from the reality of federal deference to state water allocation authority. Section I briefly addresses background principles of state water law and federal constitutional law, and Section II traces the early history of deference prior to 1910. Section III analyzes three federal statutory schemes and Supreme Court cases applying them, suggests that each represents a different level of federal deference, and distills a few principles for analyzing deference under federal statutes. Section IV addresses deference issues arising in the context of the CWA and the ESA, applying the principles identified in the previous …
An Environmental Pool For The Rio Grande, Kara Gillon
An Environmental Pool For The Rio Grande, Kara Gillon
Publications
The Bureau of Reclamation and Corps of Engineers operate a series of dams, reservoirs, and levees along the Middle Rio Grande of New Mexico. The plight of the Rio Grande silvery minnow, an endangered species, and of the river itself demonstrates the need for a change from the emphasis on water development to sustainable river management. Conservation groups invoked the protections of the Endangered Species Act to catalyze this change. Recognizing that flexibility is necessary to meeting competing water needs, the groups also promoted the need for and several approaches to a sustainable and long-term approach to river management and …
A Few Ironies Of Western Water Law, Reed D. Benson
A Few Ironies Of Western Water Law, Reed D. Benson
Faculty Scholarship
We have a truly outstanding panel of speakers this morning to discuss issues and history relating to water resources in the American West. Water, of course, has always been scarce out here. Some nineteenth century maps of the United States had the words "Great American Desert" written broadly across the West, and that characterization reflected how many people viewed the West in that era. The story goes that President Grant sent a cabinet member to the West with orders to report back on "what it is they need out there." The secretary dutifully wrote back saying, "All this place needs …
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Faculty Scholarship
The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Faculty Scholarship
Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …
Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol
Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol
Publications
No abstract provided.
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk
Publications
No abstract provided.
Delawate River Basin Compact, Jeffrey Featherstone
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Faculty Scholarship
"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
Faculty Scholarship
Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …
In Memoriam - John P. Taylor, Natural Resources Journal
In Memoriam - John P. Taylor, Natural Resources Journal
Natural Resources Journal
No abstract provided.
National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus
National Wildlife Refuge System: Ecological Context And Ingegrity, J. Michael Scott, Thomas Loveland, Kevin Gergely, James Strittholt, Nancy Staus
Natural Resources Journal
No abstract provided.
Law Applicable To Quantification Of Santa Ana Pueblos' Water Rights, Herbert A. Becker
Law Applicable To Quantification Of Santa Ana Pueblos' Water Rights, Herbert A. Becker
Law of the Rio Grande
No abstract provided.
Evidentiary Requuirements For Quantification Of Santa Ana Pueblo Water Rights, Herbert A. Becker
Evidentiary Requuirements For Quantification Of Santa Ana Pueblo Water Rights, Herbert A. Becker
Law of the Rio Grande
No abstract provided.
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Faculty Scholarship
EPA vs. Clean Water presents case studies of the ostensible failure of the United States Environmental Protection Agency (EPA) to implement the Clean Water Act in three principal areas: water quality impacts from dam operations, state water quality certification for nonpoint source discharges, and antidegradation requirements for nonpoint sources.
Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford
Tribal Authority Under The Clean Air Act: How Is It Working?, Jana B. Milford
Natural Resources Journal
No abstract provided.
Recent Books On John Wesley Powell, Denise D. Fort
Recent Books On John Wesley Powell, Denise D. Fort
Natural Resources Journal
No abstract provided.
The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson
The Interior Department's Water 2025: Blueprint For Balance, Or Just Better Business As Usual?, Reed D. Benson
Faculty Scholarship
The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States. In 2003, the U.S. Department of the Interior (the Interior) and the Bureau shifted their focus to the future of the West and its water supply needs, producing a document called Water 2025: Preventing Crises and Conflict in the West.
Improving New Mexico's Water Management, Denise D. Fort, Tom Mcguckin
Improving New Mexico's Water Management, Denise D. Fort, Tom Mcguckin
Faculty Scholarship
This paper reviews several measures that New Mexico should pursue to improve its management of water. The crisis in New Mexico’s water affects all of the citizens of the state, but hasty responses may promise more than they can deliver. In this paper we present several measures that will allow better use of the resources that the state has, and rectify imbalances in how water has been managed in the state.