Water Law Commons^™

Governing Hydraulic Fracturing Through State-Local Dynamic Federalism: Lessons From A Florida Case Study, Courtney Walmer

Florida State University Law Review

No abstract provided.

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …

Regulations Propose Definitions Of U.S. Waters, Irma S. Russell

Faculty Works

No abstract provided.

Defining "Navigability": Balancing State-Court Flexibility And Private Rights In Waterways, Maureen E. Brady

Cardozo Law Review

Over the course of American history, state courts have eliminated property rights in waterways through a quirk of public trust law: declaring the water in question to be "navigable" makes it public property, while declaring it "non-navigable" leaves the water subject to private control. The historical record is flooded with examples of these declarations by state courts. While some navigability rulings have protected public rights in waters against irrational private claims, others have abused this peculiarity to seize private property to placate irate, and even violent, interest groups.

The scope of this authority to craft navigability doctrine - especially whether …

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley

Faculty Scholarship

Only the first page is uploaded. Please contact the UNM Law Library on accessing the full text.

Network Inventory Map Book 2: Olifants, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 9: Berg-Olifants, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 1: Limpopo, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 4: Pongola-Mtamvuna, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 8: Breede-Gouritz, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 5: Vaal, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and rea-lign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 7: Mzimvubu-Tsitsikamma, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Network Inventory Map Book 6: Orange, South Africa

Policy

The Department of Water and Sanitation (DWS) is the custodian of ten national monitoring programs. The overall aim of this project is to undertake an evaluation of each monitoring network, in its present condition, and to redesign and realign the network based on scientific analysis and the strategic and management objectives of DWS and of the country as a whole. The water resources monitoring network will be optimised to ensure sustainable, relevant and up-to-date data of an acceptable quality. This Network Inventory Task focused on the production of maps to illustrate the spatial distribution of the existing monitoring stations for …

Missing Water Markets: A Cautionary Tale Of Governmental Failure, Vanessa Casado-Pérez

Faculty Scholarship

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 …

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

Specially Invited Opinions And Research Report Of The International Water Law Project: Global Perspectives On The Entry Into Force Of The Un Watercourses Convention 2014: Part Two, Gabriel Eckstein, Patricia Wouters, Robyn Stein, Georgina Mackenzie, Maria Querol, Richard Paisley, Salman M.A. Salman

Faculty Scholarship

This is the second part of a research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on the Non-Navigational Uses of International Watercourses. The first part of the report was published in Water Policy 16(6).

The following compilation is reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.internationalwaterlaw.org). The series was solicited in preparation for the coming into force of the 1997 UN Convention on the Non-navigational Uses of International Watercourses. The Convention had been pending for …

Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams

Florida Law Review

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border generally …

Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson

Contributions to Books

This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …

Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara

University of Baltimore Journal of Land and Development

The demand for nonrenewable energy resources has increased in nations around the world despite the reality that these remaining resources are both scarce, and increasingly difficult to acquire. In 2010 Earth's reserves held the equivalent of approximately 406 billion tons of natural gas and oi1. However, at yearly consumption rates, this amount would only serve the planet's energy needs for about fifty years. The rapid elimination of conventional sources for oil and gas has led to the utilization of alternative methods to access sources that were previously not worth drilling. In the United States, for example, there are several types …

The Bathtub Ring. Shrinking Lake Mead: Impacts On Water Supply, Hydropower, Recreation And The Environment, Ning Jiang, Season Martin, Julia Morton, Skyler Murphy, Colorado River Governance Initiative

Books, Reports, and Studies

4 pages (includes color illustrations and color maps).

The Hallett Decrees And Acequia Water Rights Administration On Rio Culebra In Colorado, Will Davidson, Julia Guarino

Books, Reports, and Studies

58 pages.

Article on p. 219-276.

The Value Of Water In The Colorado River Basin: A Snapshot Of A Fluid Landscape, Brian Annes, Colorado River Governance Initiative

Books, Reports, and Studies

33 pages.

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

The Case For Conservation, Colorado River Research Group

Books, Reports, and Studies

4 pages.

The unfolding success story of municipal and industrial conservation -- Agricultural water conservation and transfers -- Conclusion.

A Look At The Interim Guidelines At Their Mid-Point: How Are We Doing?, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Protecting River Flows For Fun And Profit: Colorado's Unique Water Rights For Whitewater Parks, Reed D. Benson

Faculty Scholarship

Since 2001, Colorado has recognized a special type of water right for whitewater parks, which are constructed within a river channel to provide play features for kayakers and other boaters. These water rights, called "recreational in-channel diversions, " are unique to Colorado, even though whitewater parks exist in several western states. This Article addresses some of the underlying reasons that recreational in-channel diversions were established in Colorado, and traces the controversy surrounding their recognition by that state's courts and legislature. Over the last decade, however, the controversy has largely died away, and whitewater park rights have now become an accepted …

Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its meaning, then examines how the term has been applied in the context of tributaries and wetlands, isolated waters, groundwater, and EPA’s unitary theory of navigable waters. The author then analyzes EPA and the Corps’ 2014 proposed amendments to the definition of “waters of the United States,” and concludes that those amendments may resolve much of the interpretive crisis.

All Over The Map: The Diversity Of Western Water Plans, Vanessa Casado-Pérez, Bruce E. Cain, Iris Hui, Coral Abbott, Kaley Dodson, Shane Lebow

Faculty Scholarship

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, …