Water Law Commons^™

A Critical Juncture: The Convergence Of Natural Resource Management And Tribal Sovereignty, Anna Aleta Butterfield

Graduate Student Portfolios, Professional Papers, and Capstone Projects

This portfolio reflects the work I’ve done in my four years as a dual degree student, pursuing a Master of Science in Environmental Studies and a juris doctorate degree, and focuses on policies and laws surrounding natural resource management. It touches on how those policies relate to and expand or constrict the exercise of sovereignty by indigenous populations.

This piece first considers the effects of plastic on salmon populations and those indigenous groups that rely on salmon for subsistence and cultural purposes. The remaining three pieces focus on various aspects of the Confederated Salish and Kootenai Tribes - Montana Water …

Pacific Salmon Law And The Environment: Treaties, Endangered Species, Dam Removal, Climate Change, And Beyond (Tables And Preface), Michael Blumm

Books & Contributions to Books

The law and policy of salmon protection and restoration are complex, and matters surrounding salmon implicate topics as varied as Indian treaty fishing rights, dam management and removal, international treaties, predator con­trol, and climate change. Pacific Salmon Law and the Environment chronicles the diverse issues concerning salmon allocation, management, and restoration in the 21st century, providing the historical understanding necessary for an accurate perspective of the present-day problems salmon face. The book is a must-read for ecologists, biologists, attorneys, educators, activists, students, and others concerned about the fate of salmon in the Pacific Northwest in the climate-challenged 21st century. More …

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 2 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devastated Columbia Basin salmon runs, some of which are now extinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …

The Rock: The Role Water Plays In Our Lives, Ronald Griffin

Faculty Books and Book Contributions

We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …

Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future, Monte Mills

Faculty Books & Book Chapters

Chapter nine of 64 Rocky Mt. Min. L. Inst. 9-1 (2018).

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.

An Enhanced Water Bank For Colorado, Anne J. Castle, Lawrence J. Macdonnell

Books, Reports, and Studies

23 pages.

Introduction and rationale -- Background on Colorado water law -- The initial Colorado water bank -- Water banks in other western states -- An enhanced water bank framework for Colorado -- Overcoming municipal preference for permanent acquisition -- Existing authority and new authority needed -- Conclusion and recommendation -- Attachment: Provisions for consideration in water bank operating guidelines.

Enhancing Watershed Planning In Implementation Of The Colorado Water Plan: An Overview Of Implementation Challenges And Opportunities, Douglas S. Kenney

Books, Reports, and Studies

25 pages.

Introduction -- Review of existing efforts -- Summary of interviews -- The salience of funding -- Recommendations -- Attachment A: Summary of reviewed watershed plans.

Colorado Acequia Handbook: Water Rights And Governance Guide For Colorado's Acequias, Jens Jensen, Peter D. Nichols, Ryan Golten, Sarah Krakoff, Sarah Parmar, Karl Kumli, Jesse Heibel, Blake Busse, Karoline Garren, Julia Guarino, Megan Gutwein, Cori Hach, Melissa S. Jensen, Shannon Liston, Gunnar Paulsen, Nate Miller, John R. Sherman, Dan Weiss, Michael Weissman, Emily Neiley, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Gates Family Foundation, Rocky Mountain Mineral Law Foundation, Sangre De Cristo National Heritage Area, Sangre De Cristo Acequia Association, Colorado Open Lands

Books, Reports, and Studies

51 pages (includes 1 color map)

Introduction -- Definitions -- Water rights -- Change of water right -- Transfers of water rights -- Water sharing agreements -- Losing your water rights ("use it or lose it") -- Preventing the transfer of water out of the acequia -- Conservation easements -- Governing the acequia -- Assessments -- Easements -- Enforcement -- Tort liability -- Water quality -- The Rio Grande Compact -- Main government water entities -- Where can an acequia get legal assistance? -- Appendix I. Water rights : frequently asked questions -- Appendix II. Acequia bylaws : frequently asked …

Looking Upstream: An Analysis Of Low Water Levels In Lake Powell And The Impacts On Water Supply, Hydropower, Recreation, And The Environment: A Companion Report To The Bathtub Ring, Michael Johnson, Lindsey Ratcliff, Rebecca Shively, Leanne Weiss, Yale University. School Of Forestry And Environmental Studies, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Western Water Policy Program

Books, Reports, and Studies

viii, 110 pages : color illustrations, color maps

Prioritizing Management And Protection Of The Colorado River's Environmental Resources, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Proposal For An Enhanced Colorado Water Bank, Anne J. Castle, Lawrence J. Macdonnell

Books, Reports, and Studies

4 pages.

Outlines and explains 8 characteristics of an enhanced Colorado water bank.

Watershed Planning And Management In Colorado, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

9 pages.

Introduction -- The watershed approach in Colorado -- Moving to the next level : implementation of the BIPs -- Possible next steps -- Conclusion.

Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski

Books, Reports, and Studies

37 pages : color pictures, color maps.

Introduction -- Agricultural and environmental enhancements -- An ag and environmental enhancement program for Colorado -- Appendix A: Conservation case studies in Colorado -- Appendix B: Related Colorado water law -- Appendix C: Relevant laws from other states -- Appendix D: Legislative attempts to statutorily recognize conserved water -- Appendix E: The problem of vocabulary

Tribes And Water In The Colorado River Basin, Colorado River Research Group

Books, Reports, and Studies

4 pages : charts.

The special nature of tribal water rights -- Quantified water rights -- The Colordo mainstream reservations -- Central Arizona tribes -- Upper basin tribes -- Outstanding / unresolved tribal claims -- The path forward.

A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard

Books, Reports, and Studies

28 pages : color illustrations.

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …

The Bathtub Ring. Shrinking Lake Mead: Impacts On Water Supply, Hydropower, Recreation And The Environment, Ning Jiang, Season Martin, Julia Morton, Skyler Murphy, Colorado River Governance Initiative

Books, Reports, and Studies

4 pages (includes color illustrations and color maps).

The Hallett Decrees And Acequia Water Rights Administration On Rio Culebra In Colorado, Will Davidson, Julia Guarino

Books, Reports, and Studies

58 pages.

Article on p. 219-276.

The Value Of Water In The Colorado River Basin: A Snapshot Of A Fluid Landscape, Brian Annes, Colorado River Governance Initiative

Books, Reports, and Studies

33 pages.

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

The Case For Conservation, Colorado River Research Group

Books, Reports, and Studies

4 pages.

The unfolding success story of municipal and industrial conservation -- Agricultural water conservation and transfers -- Conclusion.

A Look At The Interim Guidelines At Their Mid-Point: How Are We Doing?, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm

The First Step In Repairing The Colorado River’S Water Budget: Technical Report, Colorado River Research Group

Books, Reports, and Studies

22 p. : charts (some color) ; 28 cm.

Contents: Introduction -- Diagnosing the problem -- Plans to increase use of basin water: Overview; Upper basin states: Colorado; New Mexico; Utah; Wyoming; Lower basin states: Arizona; California; Nevada; Tribal demands -- Reconciling fantasy with reality: Upper basin; Lower basin -- Conclusion -- Literature cited.

Tables and figures: Declining reservoir storage on the Colorado River -- Average supplies versus demands on the Colorado River mainstem -- Relationship between Lake Powell storage and Lee Ferry virgin flows -- Relationship between Lake Powell releases and Lake Mead storage -- Tribal water rights/demands: upper …

Restoring Sacred Waters: A Guide To Protecting Tribal Non-Consumptive Water Uses In The Colorado River Basin, Julie Nania, Julia Guarino, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

105 p. : color illustrations ; 28 cm

Introduction -- Gathering information and starting the process -- Indian federal reserved water rights -- Using Indian federal reserved water rights for instream flows -- Negotiating for non-consumptive uses in settlement agreements -- Protecting non-consumptive uses in tribal water codes -- Other legal tools -- Irrigating for instream flows and traditional plants -- Summary and key points

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.