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Articles 121 - 150 of 190
Full-Text Articles in Water Law
Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic
Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic
Faculty Scholarship
No abstract provided.
Interstate Groundwater Resources: The Federal Role, John D. Leshy
Interstate Groundwater Resources: The Federal Role, John D. Leshy
Faculty Scholarship
No abstract provided.
In Praise Of Joe Sax, John D. Leshy
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein
Faculty Scholarship
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …
Hetch Hetchy And The Paradoxes Of Restoration, Brian E. Gray
Hetch Hetchy And The Paradoxes Of Restoration, Brian E. Gray
Faculty Scholarship
No abstract provided.
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.
Precious, Worthless, Or Immeasurable: The Value And Ethic Of Water, Gabriel Eckstein
Precious, Worthless, Or Immeasurable: The Value And Ethic Of Water, Gabriel Eckstein
Faculty Scholarship
This Article introduces and briefly explores some of the topics related to the value and ethics of water that were considered at the symposium, Precious, Worthless, or Immeasurable: The Value and Ethic of Water, which took place November 2-4, 2006, at the Texas Tech University School of Law. The purpose of the Symposium was to consider how this precious liquid is valued, assessed, and perceived with regard to law and regulations, economics and commerce, people and communities, culture and religion, and others aspects of society that are impacted by water. While far from a comprehensive analysis of the subject matter, …
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 …
Symposium: Introduction And Dedication, Brian E. Gray
Symposium: Introduction And Dedication, Brian E. Gray
Faculty Scholarship
No abstract provided.
Mediation Of The Snake River Basin Adjudication, Francis Mcgovern
Mediation Of The Snake River Basin Adjudication, Francis Mcgovern
Faculty Scholarship
No abstract provided.
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 …
Hetch Hetchy: To Drain Or Not To Drain, Brian E. Gray
Hetch Hetchy: To Drain Or Not To Drain, Brian E. Gray
Faculty Scholarship
No abstract provided.
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
Faculty Scholarship
When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.
While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …
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 …
A Conversation About Takings And Water Rights, John D. Leshy
A Conversation About Takings And Water Rights, John D. Leshy
Faculty Scholarship
No abstract provided.
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
Faculty Scholarship
Walker v. United States, 69 Fed. Cl. 222, (Fed. Cl. 2005) (granting motion for reconsideration upon finding that water, access and forage rights were legally distinct from surface estate rights determined in a prior action).
The Uncertain Future Of Water Rights In California: Reflections On The Governor's Commission Report, Brian E. Gray
The Uncertain Future Of Water Rights In California: Reflections On The Governor's Commission Report, Brian E. Gray
Faculty Scholarship
No abstract provided.
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein
Faculty Scholarship
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …
United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz
United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz
Faculty Scholarship
Fairhurst v. Hagener, 422 F.3d 1146 (9th Cir. 2005) (holding pesticides discharged into navigable waters in compliance with FIFRA that leave no excess material after fulfilling their intended purpose, are not "pollutants" requiring an NPDES permit under the Clean Water Act).
Connecticut: Ace Equip. Sales, Inc. V. Buccino, Michael J. Graetz
Connecticut: Ace Equip. Sales, Inc. V. Buccino, Michael J. Graetz
Faculty Scholarship
Ace Equip. Sales, Inc. v. Buccino, 869 A.2d 626 (Conn. 2005) (reversing adoption of the civil law rule that afforded an inherent riparian right by virtue of abutting property ownership).
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.
Dividing The Waters: The California Experience, Brian E. Gray
Dividing The Waters: The California Experience, Brian E. Gray
Faculty Scholarship
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.
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein
Faculty Scholarship
Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa
Faculty Scholarship
Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.
A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein
A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein
Faculty Scholarship
Ground water resources have long been the neglected stepchild of water law. While agreements focusing on transboundary rivers and lakes have been relatively common, there is a paucity of treaties and international norms squarely addressing shared ground water resources. As a result, the rules governing the use, management, and conservation of transboundary ground waters is unclear at best.
This dearth is, in large part, the result of a deficit of scientific understanding among legislators, policymakers, and the judiciary. This is evidenced in many international and domestic laws and policies that have little or no scientific underpinning. Accordingly, there is a …