Water Law Commons^™

Rethinking The Great Lakes Compact, Mark Squillace

Publications

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of …

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

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No abstract provided.

Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol

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No abstract provided.

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

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No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

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No abstract provided.

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

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In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

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No abstract provided.

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

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No abstract provided.

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

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No abstract provided.

Western Justice, Richard B. Collins

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Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches

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No abstract provided.

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer

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No abstract provided.

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

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No abstract provided.

The Unsettling Of The West: How Indians Got The Best Water Rights, David H. Getches

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No abstract provided.

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

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Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

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Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.

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Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

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No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

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No abstract provided.

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

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Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.

Applying The Park City Principles To The Endangered Species Act, Mark Squillace

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No abstract provided.

Changing The River’S Course: Western Water Policy Reform, David H. Getches

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Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …

Transferring Indian Reserved Rights To Instream Flows: Lessons From The Big Horn Adjudication, Mark Squillace

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No abstract provided.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

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No abstract provided.

Chapin Clark, Charles F. Wilkinson

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No abstract provided.

One Hundred Years Of Wyoming Water Law, Mark Squillace

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No abstract provided.

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

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Preface, Charles F. Wilkinson

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Transboundary Groundwaters: The Bellagio Draft Treaty, Robert D. Hayton, Albert E. Utton

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Increasing populations and industrial and agricultural development worldwide are placing much greater demands on groundwater supplies. Many of these groundwater basins or aquifers underlie two or more countries and are, thus, international or transboundary. Withdrawals from one country can drain life-giving water from a neighboring country and, as a consequence, be the source of severe and protracted conflict. Unfortunately, international law and treaty practice are only at a beginning stage. With the goal of advancing international law and institutions on the matter, a multi-disciplinary group of specialists over an eight-year period have developed a draft international groundwater treaty.

The draft …

A Critical Look At Wyoming Water Law, Mark Squillace

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No abstract provided.