Water Law Commons^™

Alternative Strategies For Managing Pharmaceutical And Personal Care Products In Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent decades, concern has grown over the presence of pharmaceutical and personal care products (PPCPs) in water. This concern stems from the possibility that the presence of PPCPs in water supplies may pose a threat to both human and environmental health. Such threats may be both direct (e.g., exposure to endocrine disrupting compounds) and indirect (e.g., emergence of antibiotic resistant bacteria). The water treatment and wastewater treatment community has been especially concerned over PPCPs because of PPCPs ubiquitous nature and their ability to persist or only partially degrade in water and during wastewater treatment. Studies done over the past …

Panel Discussion Presentation: Everything Is Connected — Why Mexico’S Problems Are Everyone’S Problems On The Colorado River, And The Other Way Around, Bret C. Birdsong

North American Energy Water Nexus Roundtable

Panel Discussion: U.S.-Mexico Transboundary Perspectives

Colorado River Compact:

Allocates water among Upper Basin and Lower Basin
- 7.5 maf for each basin
- Extra 1 maf for lower basin

Supplies Mexico first from surplus above total apportionment to upper an lower basins
- If surplus insufficient to supply Mexico, then Mexico’s share supplied equally by upper and lower basins

Upper division states “shall not cause” flow to lower basin to be less than 75 maf in 10 years

Community Growth And Land Use, Susan Kelly

Publications

No abstract provided.

Mudslinging On The Missouri: Can Endangered Species Survive The Clean Water Act?, Sandra B. Zellmer

Faculty Law Review Articles

Water quality regulations typically focus on chemical and bacterial pollutants, such as pesticides, detergents, industrial wastes, and sewage. Far less attention has been paid to the flow and function of sediments, known to most of us as mud. Sediments, however, are just as important to the ecological integrity of many rivers as the quality and quantity of the water itself. On big inland rivers like the Missouri, Mississippi, and Colorado Rivers, sediments are essential to the formation of sandbars, islands, oxbows, and floodplains, which in turn provide habitat for native fish, wildlife, and invertebrate species. Also, sediments carried by the …

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Slides: Environmental Water In Australia, Chris Arnott

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Chris Arnott, Managing Director, Alluvium Consulting

30 slides

Slides: Adapting To Climate Change: Lessons Learnt From The Australian Water Experience, Will Fargher

Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14)

Presenter: Will Fargher, National Water Commission, Australian Government

18 slides [4 have titles only and are missing images]

The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby

Washington Law Review

All water is connected through the hydrologic cycle. When a farmer pumps water from an underground aquifer to irrigate crops, that act may affect a family relying on a nearby surface water stream for its water supply. Despite the scientific link between surface and groundwater, the law often treats the two separately. The legal choice to ignore the interaction of surface and groundwater is particularly notable in “general stream adjudications.” States file these large-scale lawsuits against users in a particular stream or waterbody to determine, in a single lawsuit, all the rights existing in that water source. In 1952, Congress …

The Mccarran Amendment And Groundwater: Why Washington State Should Require Inclusion Of Groundwater In General Stream Adjudications Involving Federal Reserved Water Rights, Aubri Goldsby

Washington Law Review

All water is connected through the hydrologic cycle. When a farmer pumps water from an underground aquifer to irrigate crops, that act may affect a family relying on a nearby surface water stream for its water supply. Despite the scientific link between surface and groundwater, the law often treats the two separately. The legal choice to ignore the interaction of surface and groundwater is particularly notable in “general stream adjudications.” States file these large-scale lawsuits against users in a particular stream or waterbody to determine, in a single lawsuit, all the rights existing in that water source. In 1952, Congress …

Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio

William & Mary Environmental Law and Policy Review

This article examines two of the major water legal regimes in the
Americas—that of Brazil and the United States. Both countries have
extensive wet and dry regions and both hydro-regimes face a significant
threat from global warming. Brazil, for instance, is home to between
eight and fifteen percent of the world’s fresh water, and its fast-growing
economy and population present major challenges in management and
allocation. The U.S. also faces major water allocation problems resulting
from past settlement policies; unsustainable reclamation projects; and
also fast-growing domestic, industrial and agricultural demand.

In the United States, water has traditionally been perceived as …

How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler

William & Mary Environmental Law and Policy Review

The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …

The Legal-Political Barriers To Ramping Up Hydro (Symposium), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Water-Energy Nexus In The American West, Douglas S. Kenney, Robert Wilkinson

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=b613233~S0

Contents: PART I : INTRODUCTION AND OVERVIEW: The water-energy nexus : methodologies, challenges and opportunities / Robert Wilkinson -- Energy, water and the natural environment / Melinda Kassen, Jack E. Williams -- PART IIA : WATER FOR ENERGY : FOSSIL FUELS: The coal conundrum / Kristen Averyt -- Oil shale and water / Bart Miller -- Managing produced water from coalbed methane production / Lawrence J. MacDonnell, …

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Faculty Scholarship

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

The Organization And Status Of The Department Of Interior's Programs And Studies On Climate Change In The Colorado River Basin, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

21 p. : ill., maps ; 29 cm

Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Colorado River: Frequently Asked Law & Policy Questions, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

iii, 35 p. ; 29 cm

Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn

Florida A & M University Law Review

No abstract provided.

New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress Unfinished Environmental Business, Reed D. Benson

Faculty Scholarship

Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address todays water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …

Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens

Articles

The complexity of explaining highly scientific information and juggling a plethora of social values is leading agencies and communities such as those in the Palouse Basin to explore the use of participatory modeling processes using system dynamics. Participatory system dynamics as a methodology creates a transparent nexus of science, policy options, social concerns and local knowledge that enhances discussion of issues surrounding the use of natural resources. The process of developing a systems model uses the tenets of scientific theory, hypothesis testing and clear statements of assumptions. A unique aspect of the Palouse basin project is the use of system …

Public On Paper: The Failure Of Law To Protect Public Water Uses In The Western United States, Reed D. Benson

Faculty Scholarship

Water conflicts in the western United States increasingly arise from competition between traditional economic uses (especially irrigation, municipal supply and hydropower) and public uses (especially environmental protection and water-based recreation). Western United States water law, based on the prior appropriation doctrine, has always promoted maximizing ‘beneficial use’ of the resource and has effectively protected water allocations for traditional purposes. Public water uses also enjoy some legal protection, but it exists mostly on paper; in practice, neither statutory public interest provisions nor the non-statutory public trust doctrine has been widely effective. This paper identifies the relevant legal principles and briefly explains …

A Critical Resource Or Just A Wishing Well? A Proposal To Codify The Law On Transboundary Aquifers And Establish An Explicit Human Right To Water, Justin Carlson

American University International Law Review

No abstract provided.

Water, Climate, And Energy Security, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.

Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio

Elisabeth Haub School of Law Faculty Publications

This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …

Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens

Articles

No abstract provided.

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Introduction: The Deepwater Horizon Incident, Charles H. Norchi

Faculty Publications

In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

The Energy-Water Nexus In Texas, Amy Hardberger, Ashlynn Stillwell, Carey King, Michael Webber, Ian Duncan

Faculty Articles

As we confront the challenges posed by climate change, decisions on supplying energy and water to the world’s growing population should no longer be made in isolation. The challenges facing Texas and the rest of the globe require that we recognize the deep inter‐connections and trade‐offs involved in deciding how to meet power and water needs in an increasingly resource‐constrained world.

This report is the first in a series designed to explore aspects of the energy‐water nexus in Texas. It examines the water requirements for various types of electricity generating facilities, both for typical systems nationwide and here in Texas. …

The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein

UF Law Faculty Publications

Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C …