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Articles 31 - 60 of 89
Full-Text Articles in Water Law
The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham
The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham
Articles
This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …
Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens
Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens
Articles
No abstract provided.
Assessing System Resilience And Ecosystem Services In Large River Basins, Barbara Cosens
Assessing System Resilience And Ecosystem Services In Large River Basins, Barbara Cosens
Articles
No abstract provided.
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Local Flood Control: Using Idaho's Flood Control District Statute To Enable Place-Based Stream Restoration, Jerrold A. Long
Articles
No abstract provided.
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens
Articles
When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …
The Increasing Privatization Of Environmental Permitting, Jessica Owley
The Increasing Privatization Of Environmental Permitting, Jessica Owley
Articles
No abstract provided.
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty between the United States and Canada is currently under review. Under the treaty, the river is jointly operated by the two countries for hydropower and is the largest producer of hydropower in the western hemisphere. In considering the next phase of international river governance, the degree of uncertainty surrounding the drivers of change complicates efforts to predict and manage under traditional approaches that rely on historical ecosystem responses. At the same time, changes in social values have focused attention on ecosystem health, the decline of which has led to the listing of seven salmon and …
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …
Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens
Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens
Articles
The complexity of explaining highly scientific information and juggling a plethora of social values is leading agencies and communities such as those in the Palouse Basin to explore the use of participatory modeling processes using system dynamics. Participatory system dynamics as a methodology creates a transparent nexus of science, policy options, social concerns and local knowledge that enhances discussion of issues surrounding the use of natural resources. The process of developing a systems model uses the tenets of scientific theory, hypothesis testing and clear statements of assumptions. A unique aspect of the Palouse basin project is the use of system …
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Articles
No abstract provided.
Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens
Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens
Articles
No abstract provided.
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Articles
No abstract provided.
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.
New Developments For Conjunctive Management In Idaho: Why Our Expanding Understanding Of Science Should Expand How We Address The Doctrine Against Waste In Idaho Water Right Transfers, Dylan R. Hedden-Nicely
New Developments For Conjunctive Management In Idaho: Why Our Expanding Understanding Of Science Should Expand How We Address The Doctrine Against Waste In Idaho Water Right Transfers, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña
Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña
Articles
This paper offers commentary on the appropriateness of viewing, as a human right, the authority to manage water and to participate meaningfully in watershed governance, and it takes as an example the community of Hispano farmers of the Rio Culebra watershed of Southern Colorado in the headwaters of the Upper Rio Grande. In earlier work, the authors have written about the uneasy relationship between the formal system of appropriative water rights under Colorado law and the enduring set of local water norms practiced within acequias—the traditional water governance institutions and irrigation systems of the Culebra's Hispano farmers. The present …
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Articles
This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.
This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …
Farmers, Fish, Tribal Power, And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Part Two, Barbara Cosens
Farmers, Fish, Tribal Power, And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Part Two, Barbara Cosens
Articles
No abstract provided.
Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens
Truth Or Consequences: Settling Water Disputes In The Face Of Uncertainty, Barbara Cosens
Articles
No abstract provided.
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
Articles
In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States. …
Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson
Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson
Articles
Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …
Indian Water Rights: Litigation And Settlements, Robert T. Anderson
Indian Water Rights: Litigation And Settlements, Robert T. Anderson
Articles
This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Treatment As Tribe, Treatment As State: The Penobscot Indians And The Clean Water Act, William H. Rodgers, Jr.
Articles
No abstract provided.
Tribal Sovereignty Over Water Quality, Jessica Owley
Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens
Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens
Articles
No abstract provided.
A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens
A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens
Articles
No abstract provided.
Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens
Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens
Articles
No abstract provided.
Water Dispute Resolution In The West: Process Elements For The Modern Era In Basin-Wide Problem Solving, Barbara Cosens
Water Dispute Resolution In The West: Process Elements For The Modern Era In Basin-Wide Problem Solving, Barbara Cosens
Articles
Growing urban water demand, recent recognition of tribal water rights, and needs for critical aquatic habitat in the face of the archaic law governing water allocation are driving people in the western United States to seek alternative methods to resolve water allocation disputes. The current ad hoc and locally driven approach to negotiation of basin-wide water issues runs the risk of overlooking broader interests. Whereas water use is local and rives local economies, the continued viability of our water resources and the legacy we leave to future generations in water infrastructure, social stability, an environmental amenities is national in scope. …
Piney Run: The Permits Are Not What They Seem, Jessica Owley
Piney Run: The Permits Are Not What They Seem, Jessica Owley
Articles
In 2001, the Fourth Circuit addressed the permit shield provision of the Clean Water Act and found it to provide broad-scale protection for polluters. In Piney Run Preservation Association v. County Commissioners of Carroll County, the Fourth Circuit held that facilities with discharge permits are protected from lawsuits even when discharging pollutants not contained within their permits. Under this ruling, permit holders may discharge, without fear of penalty, any disclosed pollutant within the reasonable expectation of the permitting authority. This decision is worrisome because it does not protect the goals of the Clean Water Act and deprives the public …
Foreword, Jessica Owley, Emma Garrison