Water Law Commons^™

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.

"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver

Pepperdine Dispute Resolution Law Journal

At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …

Arkansas Game & Fish Commission V. U. S. A.: Brief Of Professor Robert H. Abrams And Property And Water Law Professors As Amici Curiae In Support Of Respondent, Robert H. Abrams, Noah D. Hall, Zygmunt J B Plater

Amicus Briefs

Arkansas Game & Fish Commission v. United States of America, on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit.: Brief of Professor Robert H. Abrams and Professors of law teaching in the property law and water rights fields as Amici Curiae in support of Respondent

Takings, Water Rights, And Climate Change, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Law Of The River Apportionment Scheme: Short Summary Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

8 p. ; 29 cm

Respective Obligations Of The Upper And Lower Basins Regarding The Delivery Of Water To Mexico: A Review Of Key Legal Issues, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

65 p. ; 29 cm

Law Of The River Apportionment Scheme: Categorization Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

29 p. ; 29 cm

Law Of The River Apportionment Scheme: Compilation Of Laws, Jason Robison, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

52 p. ; 29 cm

Does The Upper Basin Have A Delivery Obligation Or An Obligation Not To Deplete The Flow Of The Colorado River At Lee Ferry?, Colorado River Governance Initiative, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Books, Reports, and Studies

24 p. ; 29 cm

Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens

Articles

The 1964 Columbia River Treaty between the United States and Canada is currently under review. Under the treaty, the river is jointly operated by the two countries for hydropower and is the largest producer of hydropower in the western hemisphere. In considering the next phase of international river governance, the degree of uncertainty surrounding the drivers of change complicates efforts to predict and manage under traditional approaches that rely on historical ecosystem responses. At the same time, changes in social values have focused attention on ecosystem health, the decline of which has led to the listing of seven salmon and …

Alive But Irrelevant: The Prior Appropriation Doctrine In Today’S Western Water Law, Reed D. Benson

Faculty Scholarship

The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.

Sea-Level Rise And Its Impact On Vulnerable States: Four Examples, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article first examines the physical, cultural, and economic backgrounds of four vulnerable states—Tuvalu, Seychelles, Maldives, and Bangladesh—and discusses the extent to which each might be affected by sea-level rise. It then considers, in turn, the legal implications of the current rules on maritime delimitation under UNCLOS for the states, along with their efforts to adapt to sea-level rise.

Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens

Articles

The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …

The Adverse Effects Of Aquatic Invasive Species On Native Commercial And Recreational Fisheries Of The Great Lakes And The Exacerbation Of The Problem By Judicial Reluctance To Act, Andrew S. Leung

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby

Natural Resources Journal

No abstract provided.

Oklahoma Water Rights: What Good Are They?, Gary Allison

Oklahoma Law Review

No abstract provided.

Groundwater: A Comparative Analysis Of The Regulation Of Groundwater Encountered In Surface Mining, Jason Aamodt, Krystina Phillips, Rene Annesley

Oklahoma Law Review

No abstract provided.

Water Planning: An Opportunity For Managing Uncertainties At The Tribal-State Interface?, Stephen H. Greetham

Oklahoma Law Review

No abstract provided.

Domestic Well Exemption In Oklahoma Groundwater Law — Impact And Implications, Drew L. Kershen

Oklahoma Law Review

No abstract provided.

Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice

Oklahoma Law Review

No abstract provided.

Beneficial Use In Oklahoma Water Law: Opportunity For Better Management Or More Mischief?, Dean A. Couch, C. Lou Klaver

Oklahoma Law Review

No abstract provided.

Guide To Ms406 Rio Grande Compact Commission Records, Eva Ross, Claudia A. Rivers

Finding Aids

The Rio Grande Compact Commission was formed as a result of the interstate compact signed by the states of Colorado, New Mexico and Texas in 1938 and approved by Congress. The Texas commission’s goal is to implement the compact by assuring the equitable apportioning of waters from the Rio Grande Basin. The collection contains correspondence, reports, tables, maps, and photographs that reflect the activities of the Texas office of the Rio Grande Compact Commission. Past Commissioners include Frank B. Clayton, Julian P. Harrison, J. E. Quaid, Louis A. Scott, and Joe Hanson. Commissioner as of June, 2012 is Patrick Gordon

Drinking Water And Exclusion: A Case Study From California’S Central Valley, Camille Pannu

Faculty Scholarship

The American West is notorious for its water wars, and California’s complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California’s water woes as a regulatory problem — a failure to balance the needs of growing urban populations with ecological preservation and agricultural irrigation. These debates, however, often elide the issue of water deprivation, and they do not adequately address the concerns of an important constituency: low-income, rural communities.

This Comment argues that a focus on regulation misses a fundamental feature of water inequality: the …

A History And New Turns In Florida's Growth Management Reform, 45 J. Marshall L. Rev. 397 (2012), Nancy Stroud

UIC Law Review

No abstract provided.

Alive But Irrelevant: The Prior Appropriation Doctrine In Today's Western Water Law, Reed D. Benson

University of Colorado Law Review

The Prior Appropriation Doctrine has long been the foundation of laws governing water allocation and use in the American West, but it has been under pressure from forces both external and internal to the western states. Twenty years ago, Prior Appropriation was pronounced dead in a provocative essay by Charles Wilkinson. Other scholars argued that it was still alive, but it now appears to have lost its force as the controlling doctrine of western water law. This Article analyzes three recent cases upholding state laws that undermine a fundamental Prior Appropriation principle, then considers the water policy implications of the …

The Right To Float: The Need For The Colorado Legislature To Clarify River Access Rights, Cory Helton

University of Colorado Law Review

For years, Colorado judges and legislators have struggled to clearly define and delineate public access rights for rivers running through private property. In Colorado, it is settled law that land underlying non-navigable streams is the subject of private ownership, but beyond this basic principle, little is settled. As a result, a dispute has developed between private landowners exercising their right to exclude individuals from their land and recreational river users seeking access to Colorado's rivers. The failure to resolve this longstanding dispute jeopardizes Colorado's multimillion dollar commercial rafting industry and creates avoidable transaction costs. This Note examines the right-to-float debate …

California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao

CMC Senior Theses

California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …

The Judicial Assault On The Clean Water Act, Mark Squillace

Publications

No abstract provided.