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Water Law Commons™

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University of Oklahoma College of Law

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Articles 1 - 30 of 41

Full-Text Articles in Water Law

Homelands Not Graveyards, M. Alexander Pearl Jan 2025

Homelands Not Graveyards, M. Alexander Pearl

Faculty Articles

Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court’s decision in Arizona v. Navajo Nation is no different. This Article examines that decision and situates it within that legal history as well as the realities of present-day water resource availability. While recent decisions have shown the Court’s willingness to confirm fundamental components of federal Indian law, such as the legal tests for determining the persistence of reservation and the authority of Congress to enact the Indian Child Welfare Act, the Court’s examination of …


The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner Jan 2021

The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner

Oklahoma Law Review

No abstract provided.


Changing Currents: Climate Change And Stakeholder Involvement In The Colorado River Basin, Kristen M. Dikeman Jan 2017

Changing Currents: Climate Change And Stakeholder Involvement In The Colorado River Basin, Kristen M. Dikeman

Oklahoma Law Review

No abstract provided.


The Significant Nexus Test: Why The Waters Of The United States Are So Murky, Micah Adkison Apr 2016

The Significant Nexus Test: Why The Waters Of The United States Are So Murky, Micah Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau Apr 2016

For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Tragedy Of The Vital Commons, M. Alexander Pearl Jan 2015

The Tragedy Of The Vital Commons, M. Alexander Pearl

Faculty Articles

The concept of the Tragedy of the Commons is well known, but it does not adequately capture the gravity of harm caused by the mismanagement of certain common pool resources (CPR). Not all commons are created equal; some are more important than others. If the common pasture where cows graze is overused and rendered barren, the community shifts to a vegan diet. But, if the groundwater aquifer used to grow soybeans and other foods is exhausted and no water remains for extraction, then individuals, families, and entire communities perish. Present commons scholarship is unable to differentiate between varying levels of …


Busted Pipes: A Review Of Tarrant Regional Water District V. Herrmann And The Lack Of Direction For Oklahoma And Texas Moving Forward In A Dry Environment, Jordan Lepage Jan 2014

Busted Pipes: A Review Of Tarrant Regional Water District V. Herrmann And The Lack Of Direction For Oklahoma And Texas Moving Forward In A Dry Environment, Jordan Lepage

American Indian Law Review

No abstract provided.


The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk Jan 2013

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.


The New Red River Rivalry: Oklahoma's Unconstitutional Attempt To Calm The Waters By Restricting The Sale Of Water Across State Lines, Scott M. Delaney Jan 2013

The New Red River Rivalry: Oklahoma's Unconstitutional Attempt To Calm The Waters By Restricting The Sale Of Water Across State Lines, Scott M. Delaney

Oklahoma Law Review

No abstract provided.


Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill Jan 2013

Climate Change And Its Effect On Indigenous Peoples Of The Southwest, Josh Merrill

American Indian Law Review

No abstract provided.


Oklahoma Water Rights: What Good Are They?, Gary Allison Jan 2012

Oklahoma Water Rights: What Good Are They?, Gary Allison

Oklahoma Law Review

No abstract provided.


Groundwater: A Comparative Analysis Of The Regulation Of Groundwater Encountered In Surface Mining, Jason Aamodt, Krystina Phillips, Rene Annesley Jan 2012

Groundwater: A Comparative Analysis Of The Regulation Of Groundwater Encountered In Surface Mining, Jason Aamodt, Krystina Phillips, Rene Annesley

Oklahoma Law Review

No abstract provided.


Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham Jan 2012

Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham

Oklahoma Law Review

No abstract provided.


Domestic Well Exemption In Oklahoma Groundwater Law — Impact And Implications, Drew L. Kershen Jan 2012

Domestic Well Exemption In Oklahoma Groundwater Law — Impact And Implications, Drew L. Kershen

Oklahoma Law Review

No abstract provided.


Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice Jan 2012

Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice

Oklahoma Law Review

No abstract provided.


Beneficial Use In Oklahoma Water Law: Opportunity For Better Management Or More Mischief?, Dean A. Couch, C. Lou Klaver Jan 2012

Beneficial Use In Oklahoma Water Law: Opportunity For Better Management Or More Mischief?, Dean A. Couch, C. Lou Klaver

Oklahoma Law Review

No abstract provided.


How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao Jan 2012

How Tribal Water Rights Are Won In The West: Three Case Studies From The Northwest, Rebecca Cruz Guiao

American Indian Law Review

No abstract provided.


Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson Jan 2011

Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson

American Indian Law Review

No abstract provided.


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias Jan 2011

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

American Indian Law Review

No abstract provided.


Clear As Mud: How Heldermon V. Wright Missed An Opportunity To Clarify Oklahoma's Murky Water Law, H. Cole Marshall Jan 2008

Clear As Mud: How Heldermon V. Wright Missed An Opportunity To Clarify Oklahoma's Murky Water Law, H. Cole Marshall

Oklahoma Law Review

No abstract provided.


Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad Jan 2008

Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister Jan 2006

Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister

American Indian Law Review

No abstract provided.


Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey Jan 2004

Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey

American Indian Law Review

No abstract provided.


Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy Jan 2003

Death Of A Monster: Laws May Finally Kill Gila River Adjudication, Lindsay Murphy

American Indian Law Review

No abstract provided.


Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson Jan 1999

Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson Jan 1999

Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson

American Indian Law Review

No abstract provided.


Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton Jan 1998

Indian Reserved Water Rights In The Dual System State Of Oklahoma, Taiawagi Helton

Faculty Articles

No abstract provided.


Changing Landscapes And Evolving Law: Lessons From Mono Lake On Takings And The Public Trust, Andrew H. Sawyer Jan 1997

Changing Landscapes And Evolving Law: Lessons From Mono Lake On Takings And The Public Trust, Andrew H. Sawyer

Oklahoma Law Review

No abstract provided.


Water: Pud No. 1 Of Jefferson County V. Washington Department Of Ecology: State Water Quality Certification Of Federally Licensed Hydropower Projects, T. Mike Blake Jr. Jan 1995

Water: Pud No. 1 Of Jefferson County V. Washington Department Of Ecology: State Water Quality Certification Of Federally Licensed Hydropower Projects, T. Mike Blake Jr.

Oklahoma Law Review

No abstract provided.


The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear Jan 1995

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.