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Articles 1 - 30 of 161
Full-Text Articles in Water Law
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Public Land & Resources Law Review
Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.
Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman
Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman
Law School Blogs
No abstract provided.
California’S Curse: Perpetual Drought And Persistent Land Development, Gabrielle Kavounas
California’S Curse: Perpetual Drought And Persistent Land Development, Gabrielle Kavounas
San Diego Law Review
This Comment argues that the California state legislature should take direct control of private water use rights through legislation that amends California’sConstitution Article X, Section 2, providing the state with the police powerto take back private water rights and centralize control over water management and distribution.[1] It also recommends imposing higher requirements for land development and water agency cooperation in standard form, state-controlled“general plans” to create efficiency in distributing water throughout the stateand in planning new land developments. The public trust doctrine, eminentdomain doctrine, and regulatory takings doctrine are possible justifications the state could use to effectuate the new legislation. …
Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez
Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez
Faculty Scholarship
As the drought in Western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less water-demanding crops and state-of-the-art irrigation systems, in a timely manner. However, these responses can have the reverse effect: they can increase water consumption. Technological responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This paper proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.
In the West, which uses the doctrine of prior appropriation to …
Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Dalhousie Law Journal
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …
Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell
Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell
Faculty Works
The availability of water or the lack thereof has influenced the evolution of each state and the laws of each state. The development of water law naturally grew from the realities of water and other resources in different areas of the country and the need for water for industry, agriculture, and other enterprises. The evolution and development of water management in Montana provide a good example of water management in the western United States. From the beginnings of Montana and of the West as a region, water sat at the top of the list of essentials for human occupancy and …
From Environmental Rights To Environmental Rule Of Law: A Proposal For Better Environmental Outcomes, Jessica Scott
From Environmental Rights To Environmental Rule Of Law: A Proposal For Better Environmental Outcomes, Jessica Scott
Michigan Journal of Environmental & Administrative Law
With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special Rapporteur’s report highlighted the problem of drinking water contaminated from lead pipes and the disproportionate burdens Black Americans face in accessing safe drinking water. The report argues that the U.S. should address these issues by explicitly recognizing a human right to safe drinking water and sanitation under U.S. law.
Like the Special Rapporteur, much of the literature and some environmental advocates call for environmental …
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Presentation: Spatial Design Of An Objective Driven Theoretical Water Resources Monitoring Network, M Musariri, G Jager, B Haasbroek
Presentation: Spatial Design Of An Objective Driven Theoretical Water Resources Monitoring Network, M Musariri, G Jager, B Haasbroek
Policy
Review, evaluation and optimization of the National Water Resources Monitoring Networks Project
Aim to:
•undertake an evaluation of each the 10 monitoring networks in their present condition
•redesign and realign (where necessary) the network with the strategic and management requirements of the DWS and SA
•optimized the networks as far as possible
•ensure sustainable, relevant and up-to-date data of an acceptable quality.
Outcome: National Water Resource Monitoring Implementation Strategy
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray
Zachary Bray
One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez
Vanessa Casado Perez
California is facing a water crisis. Water is managed through a variety of mechanisms, including government administration and market tools. This Article argues for a regulated market-based solution. When it comes to water markets, the invisible hand needs help from the visible hand of government to prove effective. Administrative systems and markets are usually portrayed in opposition to each other, as mutually exclusive solutions. Water market advocates suggest government's role is minimal. However, as this Article identifies, to establish and maintain a functioning water market, government needs to play a variety of roles. These include the uncontested role of defining …
All Over The Map: The Diversity Of Western Water Plans, Vanessa Casado-Pérez, Bruce E. Cain, Iris Hui, Coral Abbott, Kaley Dodson, Shane Lebow
All Over The Map: The Diversity Of Western Water Plans, Vanessa Casado-Pérez, Bruce E. Cain, Iris Hui, Coral Abbott, Kaley Dodson, Shane Lebow
Vanessa Casado Perez
Water presents a complex challenge to western state governments. Water is scarcer in the West than in the East and western states face challenges unknown to eastern ones. The textual analysis of their state water planning summaries produced by the US Army Corps of Engineers between late 2008 and 2009 confirms the differences in their policy priorities. However, there is also a wide variance among western states’ policies as the diversity in their water plans show.
Water planning is a challenge not only because of the variability of the resource but also because water basins do not map our local, …
Presentation 1, M Musariri, G Jager, J D. Rossouw
Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler
Golden Gate University Environmental Law Journal
California groundwater is an invaluable drought reserve for agricultural farmers. With historically dry conditions affecting the annual water supply, precious groundwater has become one of the last water resources available to growers in the Central Valley. The devastating drought effects have necessitated the use of groundwater to help offset the surface water deprivation, and the increase in groundwater usage has become a source of growing conflict among water users and environmentalists across the state.
In 2014, the California Legislature introduced the Sustainable Groundwater Management Act (SGMA), opening the door to a new era of water management and new challenges for …
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
Public Land & Resources Law Review
When landowners seek to determine if a permit is required from the Army Corps of Engineers to discharge dredged or fill material into waters within their property boundaries, they may first obtain a jurisdictional determination specifying whether “waters of the United States” are present. In an 8-0 judgment, Army Corps of Engineers v. Hawkes was a victory for landowners, concluding that an approved jurisdictional determination is a final agency action reviewable under the Administrative Procedure Act.
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Who Owns The Water?, Jesse Richardson
Scientific Review Report, J D. Rossouw, M Musariri
Scientific Review Report, J D. Rossouw, M Musariri
Policy
This report provides the Scientific Review results and recommendations regarding the existing surface and groundwater monitoring sites for all nine Water Management Areas following the Regional WMA Network Design Workshops held in Nelspruit, Cape Town, Durban,King Williams Town, Bela-Bela and Bloemfontein from March to June 2016. During these workshops theoretical monitoring network considerations for each WMA were presented to various stakeholders, and the considerations were used to review the existing networks and obtain changes and improvements to the networks as recommendations. The main objectives of the workshops were to review the existing monitoring networks against the prioritized National Monitoring Objectives …
Annexure To Scientific Review Report, J D. Rossouw, M Musariri
Annexure To Scientific Review Report, J D. Rossouw, M Musariri
Policy
Contained in the main Scientific Review report is a summary of the recommendations regarding the existing surface and groundwater monitoring sites for all the Water Management Areas (WMAs) following the nine Regional Network Design Workshops held in Nelspruit, Cape Town, Durban, King Williams Town, Bela-Bela and Bloemfontein from March to June 2016. During these workshops theoretical monitoring network considerations for each WMA were presented to various stakeholders, and the considerations were used to review the existing networks and obtain changes and improvements to the networks as recommendations. The main objectives of the workshops were to review the existing monitoring networks …
Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California, Benjamin A. Harris
Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California, Benjamin A. Harris
Villanova Environmental Law Journal
No abstract provided.
There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection, Ryan P. Duffy
Villanova Environmental Law Journal
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks
Georgia Journal of International & Comparative Law
No abstract provided.
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access, R. P. Cundick
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
Transboundary Legal Perspective: International Water Law, Gabriel Eckstein
Transboundary Legal Perspective: International Water Law, Gabriel Eckstein
Faculty Scholarship
This chapter provides readers with an introduction to international law in general and international water law in particular. The chapter discusses the scope, principle tenets, procedural obligations, and sources of international water law, and delves into discussions about transboundary aquifers and joint institutional mechanisms. An appendix that provides exercises and discussion topics to help readers retain and apply important information.