Water Law Commons^™

Rulemaking, Michael Herz

Articles

No abstract provided.

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.

Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …

Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This bibliography is a contribution toward restoring and preserving Long Island Sound.

Toward Global Citizenship In International Environmental Law, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Water Marketing And Instream Flows: The Next Step In Protecting California's Instream Values, Paul Williams, Stephen J. Mchugh

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Public Rights In The Navigable Streams Of New York, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This paper provides a comprehensive survey of the New York judicial decisions bearing on the public's right to use the state's navigable streams and waterways. The cases have been organized into a logical framework, in outline form, in order to give future researchers ready access to the relevant judicial materials. Wherever possible, the main thrust of the cases has been presented in the court's own words. Brief narrative summaries of the case law are provided under the main outline headings. An attempt has been made to include a reference to every New York case relevant to public use of freshwater …

When Enough Is Too Much: Overcollateralization As A Fraudulent Conveyance, Richard J. Sabella

Cardozo Law Review

No abstract provided.

Where East Meets West In Water Law: The Formulation Of An Interstate Compact To Address The Diverse Problems Of The Red River Basin, Ann Marguerite Chapman

Oklahoma Law Review

No abstract provided.

Where East Meets West In Water Law: The Formulation Of An Interstate Compact To Address The Diverse Problems Of The Red River Basin, Ann Marguerite Chapman

Oklahoma Law Review

No abstract provided.

Agreement: Procedures For The Storage And Release Of Indian Water Entitlements Of The Six Middle Rio Grande Pueblos, Bureau Of Reclamation

Law of the Rio Grande

Section 11 of the March 17, 1980 Agreement between the United States Government by the Secretary of the Interior and the Middle Rio Grande Conservancy District (MRGCD), provides for a quantity of water to be stored in the El Vado Reservoir in order to ensure the prior and paramount water rights of 8.847 acres of land as designated of the Six Middle Rio Grande Pueblos (SMRGP) of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.

A Proposed Revision Of Kentucky's Water Rights Legislation, Richard Ausness

KWRRI Research Reports

Kentucky's present system of water law consists of a statutory water withdrawal permit system superimposed upon a body of common-law water rights doctrine. The rights of water users are often uncertain under this system, particularly in periods of water shortage. The proposed revision of Kentucky's existing water rights legislation, would greatly reduce the significance of common-law water rights and would remedy some of the weaknesses in the present statute.

Part 1 of the proposed statute establishes an administrative structure; Part 2 deals with water withdrawal permits; Part 3 retains the present statute's provisions on the regulation of dams and impoundments, …

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.

Legal Institutions For The Allocation Of Water And Their Impact On Coal Conversion Operations In Kentucky, Richard C. Ausness, Gary W. Callahan, Steven W. Dills, Bill H. Flynn, John S. Gillig

KWRRI Research Reports

The conversion of coal into other types of fuel through gasification and liquefaction has been proposed as a means of coping with America's increasing energy needs. Coal conversion plants require large quantities of water for cooling purposes and for use as a raw material.

There are three types of water allocation presently used in the United States, riparianism, prior appropriation, and administrative permit systems. The common law riparian system is undesirable because under it water rights are insecure and subject to locational use restrictions. Prior appropriation is better, but the permanent water right created under this system results in excessive …

The Winters Doctrine And How It Grew: Federal Reservation Of Rights To The Use Of Water, Harold A. Ranquist

BYU Law Review

Summary of Contents

Introduction

I. The Historical Setting, Origin, and Scope of the Winters Doctrine

A. The Historical Setting of the Winters Doctrine: Development of the Doctrine of Prior Appropriation

B. The Origin of the Winters Doctrine: Winters v. United States

C. The Scope of the Winters Doctrine: Water Impliedly Reserved to Fulfill the Purposes of the United States in Establishing Reservations and Enclaves by Withdrawals from the Public Domain

II. The Application of the Winters Doctrine to Indian Reservations, Federal Enclaves and Reservations, and the Public Domain

A. Application of the Winters Doctrine to Indian Reservations

1. The nature …

The Law Of Water Allocation In Kentucky, Richard C. Ausness, Bill H. Flynn

KWRRI Research Reports

This study discusses navigability concepts, consumptive rights to surface and ground waters, the disposal of diffused surface waters and the administration of Kentucky's statutory water allocation system.

Federal regulatory powers are based on navigability as is state ownership of submerged lands. Kentucky uses the ebb-and-flow test of navigability to determine title to submerged lands but uses a navigability-in-fact test to determine the scope of state regulatory authority. Consumptive uses of water in Kentucky are governed by the riparian landowner to use as much water as he needs as long as his use does not interfere with the legitimate uses of …

Drinking Water Regulation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.

Book Review Of Waters And Water Rights, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.

Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock

Indiana Law Journal

No abstract provided.