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Articles 151 - 180 of 190
Full-Text Articles in Water Law
Water And Population In The American West, Denise D. Fort
Water And Population In The American West, Denise D. Fort
Faculty Scholarship
The American West is justly famed for its sunshine and wide skies.1 However, there is a potent combination of low rainfall and growing population in the West that ensures that water, or the lack of it, will remain another well-known feature of the region. As the number of people sharing already stressed water supplies increases, the economic, ecological, and social costs of providing water become more evident. Agriculture consumes about 90% of the water that is extracted in the West, and the transfer from agricultural to municipal and industrial uses is invariably complex. Increased water extraction has resulted in the …
Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson
Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson
Faculty Scholarship
An extreme drought hit the Klamath River Basin of southern Oregon and northern California in 2001, and a remarkable water controversy soon followed. Hundreds of farmers, who for decades had reliably received irrigation water from the federal government's Klamath Project, were told, for the first time, that they would get none that year. Instead, the government would hold the water in Upper Klamath Lake and release it to flow down the Klamath River in an effort to ensure the survival of fish protected by the Endangered Species Act.
Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley
Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley
Faculty Scholarship
As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …
The Property Right In Water, Brian E. Gray
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Cleaning Up The Tracks: Superfund Meets Rails-To-Trails, Clifford J. Villa
Faculty Scholarship
For more than one hundred years, railroad cars rumbled and roared along tracks in the Coeur d'Alene River Basin, serving the mining industry in the Panhandle of northern Idaho. As in many parts of the American West, the history of railroads in northern Idaho largely reflects the history of mining in the region. The first gold was discovered in this area in 1883, the same year that the area saw its first line of the Northern Pacific Railroad. In 1885, the Bunker Hill mine was established near the present town of Kellogg. Four years later, the first rail line of …
Instream Flows In New Mexico, Denise D. Fort
Instream Flows In New Mexico, Denise D. Fort
Faculty Scholarship
Instream flows for fisheries, recreation and aesthetic purposes held to be a legitimate use under New Mexico's statutory regime.
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson
Faculty Scholarship
In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
Faculty Scholarship
No abstract provided.
Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien
Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien
Faculty Scholarship
The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Maintaining The Status Quo: Protecting Established Water Uses In The Pacific Northwest, Despite The Rules Of Prior Appropriation, Reed D. Benson
Faculty Scholarship
Water law in the Northwest states has long been based on the well-established rules of the Prior Appropriation Doctrine. In recent years, however, the four Northwest states often have not applied these rules against existing water users. State legislatures, courts, and water resource agencies have routinely changed the rules, or refused to implement them, if doing so might curtail current uses. This Article examines the ways in which the Northwest states have maintained the water use status quo despite the traditional rules. The Article then evaluates the economic and environmental implications of state efforts to protect existing water uses, and …
International Water Law, Groundwater Resources And The Danube Dam Case, Gabriel Eckstein, Yoram Eckstein
International Water Law, Groundwater Resources And The Danube Dam Case, Gabriel Eckstein, Yoram Eckstein
Faculty Scholarship
International water law is generally applied to disputes between states concerning surface bodies of water crossing international borders. Disputes and policy-making over transboundary ground water resources, however, have traditionally been determined on an ad hoc basis or based on regional custom. This disparate treatment stems primarily from the misunderstood nature of ground water and its relationship to surface water among government officials, policy-makers, jurists, and others. The result often has been the degradation of subsurface waters on both sides of political boundaries, and unwittingly, of numerous international surface bodies of water.
International concern over regional and global availability and quality …
Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson
Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson
Faculty Scholarship
The organizations and individuals who have produced this report have worked for years to promote environmentally sound federal policy and action with respect to water in the American West. The Western Water Policy Review Advisory Commission's (the "Commission") evaluation of these issues presents an excellent opportunity to address long-standing concerns. We believe the Commission can help advance federal policy to promote sustainable use, management and protection of western waters. We begin with a brief look at current water problems in the West from our perspective. We then identify four general priorities for the federal government: taking steps toward restoring more …
Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson
Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson
Faculty Scholarship
The American West, for the most part, is an arid place. The average annual precipitation in the seventeen western states is twenty-one inches, but in many places is far less. Often there is too little water to go around, even in places such as Oregon that are ommonly believed to be wet.' Water is valuable everywhere because it is indispensable; it is even more precious in the West because it is scarce.
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
Faculty Scholarship
Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …
The Shape Of Transfers To Come: A Model Water Transfer Act For California, Brian E. Gray
The Shape Of Transfers To Come: A Model Water Transfer Act For California, Brian E. Gray
Faculty Scholarship
No abstract provided.
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
House Passess Unbalanced Clean Water Act, Denise D. Fort
House Passess Unbalanced Clean Water Act, Denise D. Fort
Faculty Scholarship
The Clean Water Act and the associated state statutes and regulations provide the framework for New Mexico's regulation (and nonregulation) of our rivers and streams. Both the federal and state laws need improvement if they are to work in New Mexico. As readers of The Green Fire Report well know, the "improvements" contemplated by the new Congress are unlikely to improve our water. H.R. 961, the House bill recently passed by the House, is simply unacceptable. President Clinton has indicated that he will veto the bill as passed by the House. Your efforts are needed to contact your federal legislators …
Its Time For A State Environmental Policy Act, Denise D. Fort
Its Time For A State Environmental Policy Act, Denise D. Fort
Faculty Scholarship
What single law should be the first step in protecting New Mexico's environment from the consequences of our cascading population? My nomination would go to a State Environmental Policy Act, commonly called a "state NEPA." These laws are on one level very simple, requiring only that state governments "stop and think" before taking actions with significant environmental costs. After twenty-five years of experience with the federal National Environmental Policy Act (NEPA), however, we know that a law that allows citizens input into governmental action has a profound effect on governmental action.
The Modern Era In California Water Law, Brian E. Gray
The Modern Era In California Water Law, Brian E. Gray
Faculty Scholarship
No abstract provided.
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley
Faculty Scholarship
In the Pacific Northwest, especially east of the Cascade Range, water is a limited and precious resource. Diversions of water for out-of-stream uses regularly dry up certain reaches of many rivers and streams. Such diversions provide water for municipalities, industrial users, and farmers who irrigate millions of acres in Idaho, Oregon, and Washington. Diversions also harm fish and wildlife (including threatened and endangered salmon stocks), impair recreational uses of affected waterways, and degrade water quality.
The Market And The Community: Lessons From California's Drought Water Bank, Brian E. Gray
The Market And The Community: Lessons From California's Drought Water Bank, Brian E. Gray
Faculty Scholarship
No abstract provided.
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
California Dreaming: Water Transfers From The Pacific Northwest, Clifford J. Villa
Faculty Scholarship
A prolonged drought in California has prompted renewed interest in proposals to transfer water from the Pacific Northwest, where rainfall is more plentiful, to the arid Southwest. While recent storms have obviated the need for water transfers at the present time, it is likely these proposals will resurface with the next drought. This Comment will examine past proposals, and discuss less expensive and less drastic means for satisfying the need for water in the Southwest.
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Faculty Scholarship
Pending
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Faculty Scholarship
This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Faculty Scholarship
No abstract provided.
State Control Of Great Lakes Water Diversion, J. David Prince
State Control Of Great Lakes Water Diversion, J. David Prince
Faculty Scholarship
This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.
A Primer On California Water Transfer Law, Brian E. Gray
A Primer On California Water Transfer Law, Brian E. Gray
Faculty Scholarship
No abstract provided.
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
Faculty Scholarship
No abstract provided.
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
Faculty Scholarship
No abstract provided.
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson
Faculty Scholarship
The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.