Water Law Commons^™

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.

In Search Of Sustainable Water Management: International Lessons For The American West And Beyond, Douglas S. Kenney

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b279300~S0

Contents: Water policy and cultural exchange : transferring lessons from around the world to the western United States / James L. Wescoat Jr. -- Roles for the public and private sectors in water allocation : lessons from around the world / Charles W. Howe, Helen Ingram -- Integrating environmental and other public values in water allocation and management decisions / David H. Getches, Sarah B. Van de …

Editors' Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

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

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 …

Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Sustainable Development Law & Policy

No abstract provided.

The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein

Sustainable Development Law & Policy

No abstract provided.

Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak

Sustainable Development Law & Policy

No abstract provided.

A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber

Sustainable Development Law & Policy

No abstract provided.

Water Wars: Drought, Flood, Folly And The Politics Of Thirst By Diane Raines Ward, Liz Klein

Sustainable Development Law & Policy

No abstract provided.

The Human Right To Water: Legal And Policy Dimensions By Salman M.A. Salman And Siobhan Mcinerney-Lankford, Kristen Mcgeeney, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.

Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer

Sustainable Development Law & Policy

No abstract provided.

Volume 5 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

The Legal Implications Of The Israeli-Palestinian Water Crisis, Juliette Niehuss

Sustainable Development Law & Policy

No abstract provided.

The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi

Sustainable Development Law & Policy

No abstract provided.

Public Participation And Access To Clean Water: An Analysis Of The Cafo Rule, Ayako Sato

Sustainable Development Law & Policy

No abstract provided.

The Constitutional Right To Water In Uruguay, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …

New Challenges In An Era Of Global Water Scarcity , David Hunter

Sustainable Development Law & Policy

No abstract provided.

A Conversation About Takings And Water Rights, John D. Leshy

Faculty Scholarship

No abstract provided.

Life, Liberty, And The Pursuit Of Water: Evaluating Water As A Human Right And The Duties And Obligations It Creates, Amy Hardberger

Faculty Articles

The Right to Water should be an independent, explicit human right. As such, the status of the right to water would be raised to the status of customary international law (jus cogens), imposing an affirmative, obligatory duty an all nations. Historically the right to water has been included in the right to life, limiting the right; however, that approach undermines the essential importance of water and causes enforcement problems that would be avoided by regarding water as an independent right.

Landmark international agreements, treatises, and the work of various international entities and other non-governmental organizations have made tremendous strides in …

The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck

Sustainable Development Law & Policy

No abstract provided.

Limitations On The Right To Use Water: A Case Of First Impression In Michigan, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Improving Legislation Through Social Analysis: A Case Study In Methodology From The Water Sector In Uzbekistan, Jonathan Brown, Ayse Kudat, Kristen Mcgeeney

Sustainable Development Law & Policy

No abstract provided.

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).

Can The Farmers Sue Uncle Sam When The Bureau Of Reclamation Reduces Deliveries To The Water District?, Robert H. Abrams

Journal Publications

Are farmers who have received water from an irrigation district "intended" third-party beneficiaries of that water district's service and repayment contracts with the United States Bureau of Reclamation and, therefore, within the scope of a waiver of sovereign immunity that would otherwise bar a suit by the farmers against the Bureau of Reclamation?

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

Publications

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, …