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Articles 61 - 79 of 79
Full-Text Articles in Water Law
Property Law - The Recreational Navigation Doctrine - The Use Of The Recreational Navigation Doctrine To Increase Public Access To Waterways And Its Effect On Riparian Owners, Clinton Lancaster
University of Arkansas at Little Rock Law Review
No abstract provided.
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein
Faculty Scholarship
Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
Like Water For Energy: The Water-Energy Nexus Through The Lens Of Tax Policy, Roberta F. Mann
University of Colorado Law Review
Water is essential for life. Inadequate potable water supplies lead to poverty, disease, starvation, and civil strife. Climate change is likely to put more pressure on the world's supply of fresh water. Rising sea levels will introduce salt into some fresh water systems. As high mountain snow cover and glaciers decline, they will store less fresh water. As regions heat up, droughts will become more persistent. Producing energy uses water. How much water is used depends on the source of the energy. Yet in the rush to transition to a renewable energy economy, policy makers have paid little heed to …
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
University of Colorado Law Review
Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
Pagosa Area Water & Sanitation District V. Trout Unlimited And An Anti-Speculation Doctrine For A New Era Of Water Supply Plannin, Derek L. Turner
University of Colorado Law Review
The prior appropriation doctrine is partly founded upon a concern with the speculation and monopolization of scarce water resources. This "anti-speculation doctrine" is anchored by the principles of public ownership of water and the beneficial use element of an appropriative water right. It is a progressive doctrine used by Colorado courts to prevent the public's water from being claimed for personal profit rather than actual beneficial uses. In the modern, high-stakes competition for water supplies needed to serve future population growth, Colorado municipalities and quasi-governmental water agencies have long escaped scrutiny for appropriations to serve undefined future populations. Under the …
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
University of Colorado Law Review
The dwindling supply of western water resources and the increasing water demands of a growing population necessitate a fundamental reexamination of the prior appropriation system. As a nineteenth century system of water allocation, prior appropriation, traditionally applied, is ill-equipped to effectively and efficiently cope with these twenty-first-century realities. The system must be reformed. The reimagining of western water law has two components. First, the determination of whether water is being put to a "beneficial use" should be based upon a holistic, comparative assessment of the relative value of the use of that water-an exercise in values and priorities that is …
The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen
The Water Transfers Rule: How An Epa Rule Threatens To Undermine The Clean Water Act, Chris Reagen
University of Colorado Law Review
Water transfer is a term that describes the movement of water from an area where water is available to another area where water is scarce. This process has enabled otherwise uninhabitable lands in the western United States to support large cities and agricultural districts. In Friends of the Everglades v. South Florida Water Management District, the Eleventh Circuit upheld a rule that removed federal water quality restrictions on water transfers. This rule codified the Environmental Protection Agency (EPA) position that the National Pollution Discharge Elimination System (NPDES) requirement of the Clean Water Act (CWA) does not apply to water transfers …
Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong
Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong
Scholarly Works
Colorado River systems-both ecological and legal-are facing a coming crisis. The river snakes its way from the Rocky Mountain crest to the Gulf of California, draining 245,000 square miles encompassing parts of seven of the United States ("U.S.") and two Mexican states. The river and its tributaries provide drinking water for growing population of thirty million in an even larger area because some of its water is diverted to serve out-of-basin demands in both the U.S. and Mexico. Aside from bringing life-sustaining water to people for personal use, it provides irrigation water for some of the most valuable agricultural lands …
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
Water Matters!
This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.
Environmental Review Of Western Water Project Operations: Where Nepa Has Not Applied, Will It Now Protect Farmers From Fish?, Reed D. Benson
Environmental Review Of Western Water Project Operations: Where Nepa Has Not Applied, Will It Now Protect Farmers From Fish?, Reed D. Benson
Faculty Scholarship
The U.S. Bureau of Reclamation operates hundreds of dams in seventeen western states, and storage and release of water at these dams often causes serious environmental impacts. In operating these dams, however, the Bureau has largely been excused from complying with the environmental review requirements of the National Environmental Policy Act. This article explains and analyzes relevant NEPA cases involving these Bureau projects, and argues that the Bureau may want to conduct NEPA reviews for project operations even if they are not legally required. It also describes and critiques District Judge Oliver Wangers recent decisions applying NEPA to the Bureau's …
Groundwater Policy In The Western United States, Denise D. Fort, Summer Mckean
Groundwater Policy In The Western United States, Denise D. Fort, Summer Mckean
Faculty Scholarship
Groundwater mining is inadequately addressed by state and federal policies in the United States. New Mexico's failure to manage groundwater aquifers has resulted in costly federal rescue projects. Better information and involvement of communities in groundwater policy would provide for more sustainable use of this resource.
Too Hot To Handle: Climate Change And Agricultural Water Use, Denise D. Fort
Too Hot To Handle: Climate Change And Agricultural Water Use, Denise D. Fort
Faculty Scholarship
The world faces enormous challenges in responding to looming crises in food and water. Responding to this challenge will require flexibility; such flexibility may be impeded by legal institutions. This paper looks at the western United States and discusses the role of irrigated agriculture in that region. Because of climate change, a growing population, declining groundwater, the need to protect ecosystems and other conflicts, the author suggests that all water uses, including long-standing agricultural water rights, need to be examined in light of these changes. Legal systems have tended to serve the status quo, but perhaps the law can help …
David H. Getches: 1942-2011, James N. Corbridge Jr.
David H. Getches: 1942-2011, James N. Corbridge Jr.
Publications
No abstract provided.
Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson
Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson
American Indian Law Review
No abstract provided.
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias
Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias
American Indian Law Review
No abstract provided.
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
A Once And Future Gulf Of Mexico Ecosystem: Restoration Recommendations Of An Expert Working Group, Charles H. Peterson, Felicia C. Coleman, Jeremy B.C. Jackson, R. Eugene Turner, Gilbert T. Rowe, Richard T. Barber, Karen A. Bjorndal, Robert S. Carney, Robert K. Cowen, Jonathan M. Hoekstra, James T. Hollibaugh, Shirley B. Laska, Richard A. Luettich Jr., Craig W. Osenberg, Stephen E. Roady, Stanley Senner, John M. Teal, Ping Wang
Faculty Scholarship
The Deepwater Horizon (DWH) well blowout released more petroleum hydrocarbons into the marine environment than any previous U.S. oil spill (4.9 million barrels), fouling marine life, damaging deep sea and shoreline habitats and causing closures of economically valuable fisheries in the Gulf of Mexico. A suite of pollutants — liquid and gaseous petroleum compounds plus chemical dispersants — poured into ecosystems that had already been stressed by overfishing, development and global climate change. Beyond the direct effects that were captured in dramatic photographs of oiled birds in the media, it is likely that there are subtle, delayed, indirect and potentially …
Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder
Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder
All Faculty Publications
In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state and evolution of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite, the faculty's inaugural Fasken Martineau Senior Visiting Scholar.' Given that we are on the cusp of the twentieth anniversary of Ian Ayres and John Braithwaite's seminal book, Responsive Regulation: Transcending the Deregulation Debate,' it is appropriate that this issue begins with John Braithwaite's own reflections on the responsive regulation project. On one level, the set …
How Suburbia Happened In Toronto, Michael Lewyn
Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Continuing Legal Education In Colorado, Denver (2010), Tom I. Romero Ii
Justice Greg Hobbs, Living The Four Corners: Colorado, Centennial State At The Headwaters, Continuing Legal Education In Colorado, Denver (2010), Tom I. Romero Ii
Scholarly Works
No abstract provided.