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Articles 31 - 60 of 65
Full-Text Articles in Water Law
Unused Riparian Water Rights In Washington—Department Of Ecology V. Abbott, 103 Wn. 2d 686, 694 P.2d 1071 (1985), Lynn B. Squires
Unused Riparian Water Rights In Washington—Department Of Ecology V. Abbott, 103 Wn. 2d 686, 694 P.2d 1071 (1985), Lynn B. Squires
Washington Law Review
In Department of Ecology v. Abbott, the Washington Supreme Court addressed the long-standing question of whether landowners who failed to exercise consumptive riparian rights3 within a reasonable period after the adoption of the Water Code of 1917 (1917 Code) lost those rights. The question arose when a riparian landowner, who had registered consumptive water rights as required by statute in 1971, was denied those rights in a 1982 stream adjudication. The basis for the denial was that the landowner's riparian rights had not been continuously exercised since 1917. The Water Rights Registration Act, with which the landowner complied in 1971, …
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Washington Law Review
This article investigates the proposed designation of the North Coast rivers under WSRA. It chronicles developments in the legal controversy and relates them to the larger issues of land and water management. The shifting legal framework and changing economic and political interests in the North Coast controversy are particularly enlightening to students of federalism. Lawyers are among those who may be tempted to view the North Coast controversy in terms of federal-state conflict or intergovernmental cooperation run amuck, and to view the courts as an umpire in a dispute over authority.
Protecting The People's Waters: The California Supreme Court Recognizes Two Remedies To Safeguard Public Trust Interests In Water—National Audubon Society V. Superior Court, 33 Cal. 3d 419, 658 P.2d 709, 189 Cal. Rptr. 346, Cert. Denied, 104 S. Ct. 413 (1983), Kevin M. Raymond
Washington Law Review
This Note outlines the public trust remedies presently in place in California by discussing the background of the public trust doctrine and the appropriative water rights system in California as well as the holdings of the Mono Lake court. This Note also proposes changes to improve both the administrative and judicial public trust remedies.
Toward A Unified Reasonable Use Approach To Water Drainage In Washington, Gregory C. Sisk
Toward A Unified Reasonable Use Approach To Water Drainage In Washington, Gregory C. Sisk
Washington Law Review
Competition for scarce water resources has been the predominant concern in Washington water law, but this Comment focuses on the opposite problem—the disposal of unwanted water. Water drainage has great significance as a problem which permeates land development. Almost any development of land is likely to alter the flow of water draining from the land to the possible harm of neighboring property. While many aspects of drainage are now regulated through institutional bodies created by the state legislature and municipalities, this Comment addresses the problems that arise between neighboring landowners when one alters the drainage of water to the consequent …
The Path Along The Ridge: Regional Planning In The Face Of Uncertainty, Kai N. Lee
The Path Along The Ridge: Regional Planning In The Face Of Uncertainty, Kai N. Lee
Washington Law Review
The Northwest Power Act responds to the changing circumstances of electric power in the Pacific Northwest by defining policy directions and creating new institutional arrangements for regional power planning. The Northwest Power Planning Council (Council) is the agent of the region in meeting the challenges of planning under the Act. This paper discusses the conceptual framework of regional power planning—a task that confronts a degree of uncertainty and risk without historical precedent.
Darkness To Dawn? Generating And Conserving Electricity In The Pacific Northwest: A Primer On The Northwest Power Act, Roger D. Mellem
Darkness To Dawn? Generating And Conserving Electricity In The Pacific Northwest: A Primer On The Northwest Power Act, Roger D. Mellem
Washington Law Review
The Pacific Northwest's energy future is being shaped today by two institutions. The first is the Pacific Northwest Electric Power and Conservation Planning Council ("Planning Council") which was created by the Pacific Northwest Electric Power Planning and Conservation Act ("Northwest Power Act"). The other institution is the Bonneville Power Administration, ("BPA"), created forty-six years ago by Congress. Together the Planning Council and BPA are making crucial electrical energy decisions affecting the region's economy and environment. This article is intended to familiarize the reader with the structure of the region's electrical energy supply and demand as that structure has been altered …
The Northwest's Hydroelectric Heritage: Prologue To The Pacific Northwest Electric Power Planning And Conservation Act, Michael C. Blumm
The Northwest's Hydroelectric Heritage: Prologue To The Pacific Northwest Electric Power Planning And Conservation Act, Michael C. Blumm
Washington Law Review
Today's electric power system has six principal characteristics. First, unlike systems in most other regions of the country, the Pacific Northwest's system is primarily grounded on water power, although during the past decade most new generating facilities have been coal or nuclear power plants. Second, the costs of electricity have escalated rapidly in recent years, a direct result of the new higher cost thermal plants, some of which have been stillborn. Third, although the Pacific Northwest utility industry is remarkably diverse, the more than one hundred public and private utilities that serve the region are interconnected physically by a transmission …
Nonfirm Energy And Bpa's Industrial Customers, Eric Redman
Nonfirm Energy And Bpa's Industrial Customers, Eric Redman
Washington Law Review
There are several reasons why the Bonneville Powr Administration uses combination service rather than firm power service to meet the DSI top quartile demand: (1) if properly designed, combination service can provide adequate power quality for this portion of the DSI demand; (2) environmental impacts and costs to non-DSI consumers would be greater if firm resources, planned and installed for other loads, were increased by the amount of the DSI top quartile; and (3) although combination service imposes costs on the DSIs in the form of periodic interruptions, it saves money for all BPA customers by permitting BPA to take …
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Washington Law Review
In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson
Washington Law Review
In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease
Washington Law Review
Examines tensions between state water rights laws and federal projects that require water. Presented as the Walker-Ames Lecture, University of Washington, Seattle, April 10, 1980.
Water Law—Quantification Of Water Rights Claimed Under The Implied Reservation Doctrine For National Forests—United States V. New Mexico, 438 U.S. 696 (1978), Michael Wrenn
Washington Law Review
United States v. New Mexico is the first Supreme Court decision to quantify reserved water rights available for the national forests. The narrow scope accorded the implied reservation doctrine as applied to the United States' claims for water for recreational and wildlife purposes reflects recognition by the Court that the implied reservation doctrine will be limited in the face of competing claims based on state law. The Court's decision limits federal interests under the reserved rights doctrine without providing adequate protection for the water needs of the national forests. The decision also deprives the implied reservation doctrine of the flexibility …
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Washington Law Review
The U. S. Supreme Court held in California v. United States, 98 S. Ct. 2985 (1978), that under section 8 of the Reclamation Act of 1902, a state may impose on a permit granting water to the United States for a federal reclamation project any conditions which are not inconsistent with federal statutes. The six-three majority opinion, written by Justice Rehnquist, marks a significant departure from prior cases which had severely limited the role of state law in federal reclamation projects. A strongly worded dissent argued that the federal government must follow state law to a limited extent in the …
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Washington Law Review
Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …
Water And Watercourses—Federal Jurisdiction—Federal Common Law Determines Ownership Of Re-Exposed Navigable River Beds—Bonelli Cattle Co. V. Arizona, 414 U.S. 313 (1973), Richard A. Hopp
Washington Law Review
Plaintiff Bonelli Cattle Company (Bonelli) brought a quiet title action against the State of Arizona to determine ownership of newly reemerged land purchased by Bonelli in 1955 from a federal grantee, the Santa Fe Railroad. When the Santa Fe obtained the parcel in 1910, it comprised 280 acres of dry land. In that year the Colorado River, a navigable stream, formed the boundary between Arizona and Nevada and flowed more than one-quarter mile to the west. However, the Colorado moved slowly eastward so that in 1955 it covered all but 60 acres of the parcel. The submerged portion was re-exposed …
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
Washington Law Review
With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …
The Area Of Origin And A Columbia River Diversion, Ralph W. Johnson
The Area Of Origin And A Columbia River Diversion, Ralph W. Johnson
Washington Law Review
A major Columbia River water diversion is an option available to meet the future long-range water needs of the rapidly growing but arid Southwest. Without taking a position on the ultimate issue of diversion, Professor Johnson examines numerous precedents and current proposals for protecting the water rights of the area of origin. Since authority for determining whether and on what terms a diversion will take place rests with Congress, the political interests involved in a major diversion project are discussed and proposals are advanced for protecting areas of origin in light of past experience and political reality.
The Lake Chelan Case—Another View, Edward A. Rauscher
The Lake Chelan Case—Another View, Edward A. Rauscher
Washington Law Review
The court's decision in this case has been widely discussed. The author reviews the status of authority contrary to the position advanced by Professor Corker in his recent article, and concludes that the opinion does not apply to tidelands or shorelands, that the Supreme Court has neither declared nor implied a general prohibition against development of private lands underlying navigable waters in Washington, and that to do so in the future the Court would find it necessary to overturn some well-established (legislative, administrative and judicial) principles as to the character of private ownership of such lands in this state.
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Washington Law Review
This new book is a fine contribution to the growing body of water law literature. It presents an exhaustive review of the law of Florida in the water resources field, with substantial references to the water laws of the other eastern states. Excellent legal scholarship and careful analysis characterize the efforts of these authors. Dean Maloney and Professor Plager have published in this field for many years and several chapters of the book have appeared earlier as law review articles. Professor Baldwin contributed the federal law material to the book.
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Washington Law Review
Our primary focus is on small natural lakes, that are nonnavigable for title. Restriction of our discussion to lakes, of course, excludes water bodies too small to be labeled "lakes." No hard and fast definition of "lake" can be derived from the case law, but, intuitively, it is clear, that at some point, a water body will be obviously so small, shallow, or useless, that the established rules of lake law will not be applied The term "natural" also excludes artificial lakes, which present peculiar problems not necessarily resolvable in the natural lake context. We have examined primarily cases dealing …
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Washington Law Review
On December 4, 1969, the public won a significant victory in the Supreme Court of Washington. The court ordered defendants who had filled their lands, which are seasonally inundated by the waters of Lake Chelan, to remove the fill because it obstructed the rights of plaintiffs and the public to swim, boat, fish, bathe, recreate, and navigate in the waters of the lake. This principle applies to all navigable waters of the state The sweeping character of the decision is demonstrated by the narrow ground on which three of the judges dissented, in part, to Judge Mathew W. Hill's majority …
The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon
The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon
Washington Law Review
The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …
The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon
The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon
Washington Law Review
The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Washington Law Review
The concept of "creative federalism"' is as elusive as it is new. As a descriptive term, "creative federalism" describes not what federalstate relations presently are but what they ought to be. In order to appreciate the concept it is necessary to understand the argument that governmental activities no longer revolve around a politics of issues but rather now center in a politics of problem-solving. The question no longer is: Is it to be done? Rather the inquiry is: How is it to be done? Creative federalism recognizes the need of asking state and local governments the "how to do it" …
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Washington Law Review
The concept of "creative federalism"' is as elusive as it is new. As a descriptive term, "creative federalism" describes not what federalstate relations presently are but what they ought to be. In order to appreciate the concept it is necessary to understand the argument that governmental activities no longer revolve around a politics of issues but rather now center in a politics of problem-solving. The question no longer is: Is it to be done? Rather the inquiry is: How is it to be done? Creative federalism recognizes the need of asking state and local governments the "how to do it" …
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Washington Law Review
It is no secret to residents of the western states that water is a matter of primary public concern. Land and water policies are deeply imbedded in the region, and the imprint of federal water projects on the economic geography of the West is plain to see. It is increasingly clear, however, that no coherent national policy, past or present, has emerged from the massive federal effort in the field. There is no lack of interest, planning, and expenditure on the supply and quality of water, and much progress has been made in definition and measurement of the factors that …
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Washington Law Review
In Hughes v. State, the Washington Supreme Court decided that the boundary between upland and tideland is the vegetation line as it existed in 1889. Its decision conflicts with an earlier decision of the Court of Appeals for the Ninth Circuit which followed the United States Supreme Court's decision in City of Los Angeles v. Borax Consol., Ltd. The decisions conflict both on criteria for locating the boundary and on its fixed or movable character. Underlying both questions are fundamental issues about the extent to which state or federal law provides the answers. After extensive analysis of these answers, Professor …
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Washington Law Review
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Washington Law Review
Drawing on experience gained in ten years of fighting California's water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late.
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Washington Law Review
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …