Open Access. Powered by Scholars. Published by Universities.®

Water Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1231 - 1260 of 4298

Full-Text Articles in Water Law

United States V. Gila Valley Irrigation District, Ryan L. Hickey Oct 2017

United States V. Gila Valley Irrigation District, Ryan L. Hickey

Public Land & Resources Law Review

Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.

Go to article

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2017

Getches-Wilkinson Center Newsletter, Fall 2017, 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.

Go to article

Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure Oct 2017

Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure

Marquette Benefits and Social Welfare Law Review

I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and regulatory environment at …

Go to article

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom Sep 2017

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land & Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.

Go to article

Whatcom County V. Hirst, Et Al, Stephanie A. George Sep 2017

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.

Go to article

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar Aug 2017

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Go to article

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall Aug 2017

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Go to article

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson Aug 2017

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.

Go to article

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson Aug 2017

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.

Go to article

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin Aug 2017

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.

Go to article

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch Aug 2017

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.

Go to article

About Sdlp Aug 2017

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Go to article

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens Aug 2017

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.

Go to article

Groundwater Laws And Regulations: A Preliminary Survey Of Thirteen U.S. States (First Edition), Rachel Louise Cain, Marcus Goll, Tyler Hood, Colton Lauer, Matthew Mcdonough, Brett Miller, Shea Pearson, Scott Rodriguez, Travis Riley Aug 2017

Groundwater Laws And Regulations: A Preliminary Survey Of Thirteen U.S. States (First Edition), Rachel Louise Cain, Marcus Goll, Tyler Hood, Colton Lauer, Matthew Mcdonough, Brett Miller, Shea Pearson, Scott Rodriguez, Travis Riley

EENRS Program Reports & Publications

This report presents preliminary results of a study investigating the groundwater laws and regulations of thirteen U.S. states. The purpose of the project is eventually to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Saint Mary’s University Law School developed a matrix to ascertain chief components and characteristics of the groundwater legal regime of each state. Student researchers then used …

Go to article

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford Jul 2017

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.

Go to article

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja Jul 2017

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja

Natural Resources Journal

Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …

Go to article

Introduction, Natural Resources Vii Journal Jul 2017

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.

Go to article

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar Jul 2017

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar

Natural Resources Journal

Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …

Go to article

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang Jul 2017

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …

Go to article

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore Jul 2017

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …

Go to article

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau Jul 2017

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.

Go to article

Front Matter, Natural Resources I. Journal Jul 2017

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.

Go to article

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul Jul 2017

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …

Go to article

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa Jul 2017

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.

Go to article

Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard Jun 2017

Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard

Georgia Journal of International & Comparative Law

No abstract provided.

Go to article

Friends Or Foes? The Problem Of South Florida’S Invasive Mangroves, Kelly J. Cox, Rafael J. Araújo Jun 2017

Friends Or Foes? The Problem Of South Florida’S Invasive Mangroves, Kelly J. Cox, Rafael J. Araújo

Pace Environmental Law Review

A recent global review on the impacts of climate change on mangroves concluded that different regions will experience varying degrees of impacts due to the variability of expected changes in climate (shifts in precipitation, frequency and intensity of storms, droughts, sea level rise, change of ocean currents, increases in CO2 concentrations, etc.) and the variety of types and mangrove assemblages growing in these regions, including different species composition of mangrove forests. In North America and the Caribbean, these changes are dependent upon a predicted higher frequency (and intensity) of tropical storms, sea level rise, changes in patterns of precipitation, and …

Go to article

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha Jun 2017

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha

Pace Environmental Law Review

With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states …

Go to article

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans Jun 2017

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.

Go to article

Exhausted Of Concurrent Jurisdiction: A Reexamination Of National Audubon V. Superior Court Of Alpine County, Zoe A. Wong Jun 2017

Exhausted Of Concurrent Jurisdiction: A Reexamination Of National Audubon V. Superior Court Of Alpine County, Zoe A. Wong

Washington Journal of Environmental Law & Policy

California maintains a complex system of water rights, with the State Water Resources Control Board as the premiere administrative agency overseeing it. The State Water Resources Control Board has the ability, for example, to investigate water usage and implement regulations. However, when it comes to adjudicating water rights disputes, the agency’s power is not absolute. Under the California Supreme Court’s holding in National Audubon v. Superior Court of Alpine County, the trial court shares concurrent jurisdiction with the State Water Resources Control Board over water rights disputes. As California faces extreme drought conditions and climate change, legal battles over …

Go to article

Water Rights Table, Jesse Richardson, Iris Aloi May 2017

Water Rights Table, Jesse Richardson, Iris Aloi

Law Faculty Scholarship

This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules.

Go to article

First Prev Next Last