Water Law Commons^™

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.

Going Down To The Water, John Fleck

Natural Resources Journal

Foreword

Rethinking Water Governance: Moving Beyond Water-Centric Perspectives In A Connected And Changing World, Rob C. De Loë, James J. Patterson

Natural Resources Journal

From the “water-centric” perspective that is common within the world’s large and diverse water community, water is of central importance, and improving water governance is self-evidently essential. Some water problems can be addressed using watercentric approaches such as watershed management. Unfortunately, evidence is mounting that suggests that many other water problems cannot because their causes and drivers, at scales from local to global, are partly or wholly external to those traditionally considered within the water sector. Water governance in these cases needs to better account for a range of external connections that strongly influence water-related outcomes of concern and contribute …

The Political Cultures Of Irrigation And The Proxy Battles Of Interstate Water Litigation, Burke W. Griggs

Natural Resources Journal

Groundwater depletion ignores the political boundaries of western states, the legal boundaries of western water codes, and the jurisdictional boundaries of western water federalism. In the wake of the groundwater revolution, it is becoming apparent that certain interstate lawsuits derive essentially from deeper conflicts rooted in the clash between surface-water and groundwater irrigation communities—and their respective political cultures. The interstate divide may be yielding to the hydrological divide. This article attends to that deeper relationship between irrigation agriculture and political culture across the Great Plains. Part I provides a brief history of its surface-water irrigation communities, to compose a recognizable …

Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan

Natural Resources Journal

Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …

California Water Reallocation: Where'd You Get That?, Damian Park

Natural Resources Journal

When thirsty, Californians often avoid going to the market for more water. Instead, they might borrow some from their rich neighbors, they might sue them or more commonly, they simply take more from users without much of a voice (e.g. the fish or future generations). These alternatives are often superior to using markets. Within markets, a surprising detail emerges – it is uncommon for farmers to fallow fields in order to sell water to another user. Rather, many water transfers are structured so sellers can have their cake and eat it too. While some of these transfers rightly bring about …

Trial And Error: How Courts Have Shaped Prior Appropriation In New Mexico, Matthew G. Reynolds

Natural Resources Journal

This systematic review of New Mexico prior appropriation case law from 1883 to the present employs a thematic chronology in four parts spanning approximately three decades each, including the following topics. Part One covers the initial conflict between prior appropriation and riparian common law and early interpretations of the 1907 Water Act. In Part Two, courts contrast the 1907 Act with the old arid region doctrine and justify the integration of groundwater into prior appropriation. Diminishing supplies and increasing usage drive Part Three’s concentration on proceedings to change places of use and points of diversion, at times deferring issues of …

Mythical River: Chasing The Mirage Of New Water In The American Southwest, By Melissa Sevigny, Logan Glasenapp

Natural Resources Journal

Book Review

Plastic Water: The Social And Material Life Of Bottled Water, By Gay Hawkins, Emily Potter, And Kane Race, James Johnson

Natural Resources Journal

Book Review

Water Is For Fighting Over: And Other Myths About Water In The West, By John Fleck, Selena Sauer

Natural Resources Journal

Book Review

The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Stefan Carpenter, Elizabeth Baldwin, Daniel H. Cole

Natural Resources Journal

Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and socialecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Natural Resources Journal

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Faculty Scholarship

This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses—and considers …

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Publications

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Regarding Temporary Modification Of Operations At El Vado Reservoir In New Mexico During May And June 2016, Rio Grande Compact Commission

Law of the Rio Grande

Rio Grande Compact Commission authorizes Reclamation and the MRCGD to temporarily modify operations at El Vado Reservoir in 2016 to aid in creating a spawning flow for the benefit of the Rio Grande silvery minnow in the Middle Rio Grande.

Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley

Faculty Scholarship

This symposium article describes the Shoshone and Bannock peoples journey to quantify their water rights in the SRBA. It begins with the Shoshone-Bannock Tribal cultural perspective on water and water rights. It then discusses the concept of tribal homelands and the water required and necessary for sustaining a tribally reserved home as guaranteed in the Fort Bridger Treaty of 1868, including a discussion of the Winters doctrine which affirms the treaty's promises. It concludes with a review of the Fort Hall Indian Water Rights Agreement. 'Biagaweit' is the Shoshone word for the Snake River. The mighty Snake River begins its …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Dawning Of Disaster Law, Clifford J. Villa

Faculty Scholarship

What really matters, what unites disasters of all stripes, including earthquakes in Japan, tornadoes in Oklahoma, oil spills in the Gulf of Mexico, and the terrorist attacks on 9/11, is how you respond during the disaster, how you recover from it afterwards, and how you prepare - or better, prevent - the next disaster from happening. This is what disaster theorists, including Professor Dan Farber at Berkeley Law, term the "disaster cycle." In simplest terms: readiness, response, and recovery.

You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley

Faculty Scholarship

Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …

Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa

Faculty Scholarship

Professor Clifford Villas offers perspective on the Animas River spill in segment entitled, "First News: N.M. Governor, Senators Seek Answers From EPA Over Mine Spill".

Animas River Spill: 0:01-2:40 Professor Villa's quotes appear at 1:27-1:51 and 2:06-2:31; KSFR First News

Clearing Up Questions On River Spill, Clifford J. Villa

Faculty Scholarship

What-are the impacts of mine contamination, and who is responsible for cleaning it up?

Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker

Natural Resources Journal

No abstract provided.

Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.