Water Law Commons^™

Environmental Law—Clean Water Act—The Supreme Court Scales Back The Army Corps Of Engineers' Jurisdiction Over "Navigable Waters" Under The Clean Water Act. Solid Waste Agency V. United States Army Corps Of Engineers, 531 U.S. 159 (2001)., Margaret A. Johnston

University of Arkansas at Little Rock Law Review

No abstract provided.

Uncertain Waters And Contested Lands: Excavating The Layers Of Colorado's Legal Past, Tom I. Romero, Ii

University of Colorado Law Review

No abstract provided.

The Rio Grande Silvery Minnow And The Endangered Species Act, Sean O'Connor

University of Colorado Law Review

No abstract provided.

Reversing The Winters Doctrine?: Denying Reserved Water Rights For Idaho Wilderness And It's Implications, Michael C. Blumm

University of Colorado Law Review

No abstract provided.

Interstate Water Allocation: A Contemporary Primer For Eastern States, Robert Haskell Abrams

Journal Publications

The principal thesis of this article is that interstate water allocation matters. It matters because, absent allocation, states that want to conserve their water resources for either future intrastate use or for present in situ use are at risk of having sister states use that water in other inconsistent ways. Interstate allocation also matters because, if there is not a negotiated agreement, water use is sufficiently similar to a zero sum game in that there will be winners and losers and the winning strategy is easily identified. Under the most recent and detailed United States Supreme Court precedent, states engaged …

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.

Biodiversity In And Around Mcelligot's Pool, Sandra B. Zellmer, Scott A. Johnson

Faculty Law Review Articles

No abstract provided.

Giving Suckers (And Salmon) An Even Break: Klamath Basin Water And The Endangered Species Act, Reed D. Benson

Faculty Scholarship

An extreme drought hit the Klamath River Basin of southern Oregon and northern California in 2001, and a remarkable water controversy soon followed. Hundreds of farmers, who for decades had reliably received irrigation water from the federal government's Klamath Project, were told, for the first time, that they would get none that year. Instead, the government would hold the water in Upper Klamath Lake and release it to flow down the Klamath River in an effort to ensure the survival of fish protected by the Endangered Species Act.

Rice V. Cayetano: The Supreme Court Declines To Extend Federal Indian Law Principles To Native Hawaiians Sovereign Rights, Jeanette Wolfley

Faculty Scholarship

As I read and reread the Rice decision, I realized how similar it is to the trend in the recent Indian law cases decided by the Supreme Court. For example, Rice, in many respects, represents the discomfort the Justices feel for upholding "special treatment" of Native Americans under the law. The Court in Rice reversed the Ninth Circuit's decision allowing the State of Hawaii to conduct a Natives-only election of trustees to administer a trust to benefit Native Hawaiians. It found that the Fifteenth Amendment, adopted after the Civil War to prevent states from denying the elective franchise to former …

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Faculty Publications

No abstract provided.

The Property Right In Water, Brian E. Gray

Faculty Scholarship

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

Uncertain Waters And Contested Lands: Excavating The Layers Of Colorado's Legal Past, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Sacrificing The Salmon: A Legal History Of The Decline Of Columbia Basin Salmon (Full Text Part 1 Of 2), Michael Blumm

Books & Contributions to Books

Salmon remain the cultural and economic soul of the Pacific Northwest, a species whose very life cycle largely defines the region. At the center of the salmon region lies the Columbia River, which once supported the world's largest salmon runs and which now is home to the world's largest interconnected hydroelectric system. These massive federal and non-federal dams have devasted Columbia Basin salmon runs, some of which are now exinct, others are on life-support.

This book tells the story of the decline of the Columbia Basin salmon in the 20th century. But it begins earlier, with the signing of mid-19th …

Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

A Preliminary Survey Of The Sewage Pumpout Facilities In The No Discharge Areas Of Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This survey provides a preliminary review of the activities of pumpout facilities in the No Discharge Areas of Massachusetts. It highlights areas of concern, identifies potential improvements and focuses further research.

Based on data from Massachusetts Coastal Zone Management, there are 100 pumpout facilities in Massachusetts, located in 56 towns. Of these 52, have one or more pumpout boats. Due to financial limitations and the time available, any attempt to survey all these facilities was beyond the scope of this study. However, it had been suggested that from CZM’s, DMF’s and EPA’s standpoint, the areas of greatest interest were those …

Exalting The Corporate Form Over Environmental Protection The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

UF Law Faculty Publications

Current laws in Florida afford substantial protection to the “people behind the corporations” (corporate principals) and generally do not allow environmental permitting agencies such as the water management districts to consider such people in their permitting or enforcement efforts. This article poses the question “Do existing corporate law principles of limited liability defeat the important public policy of water resource protection in Florida?” First, in Parts II and III, this article introduces the problem and provides an overview of Florida water management district permitting and enforcement authorities and processes. Next, in Part IV, this article explores the existing legal authorities …

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.

The Social Meaning Of Environmental Command And Control, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

...This essay draws on the new social norms literature to examine one of the possible reasons for the public misperceptions about the sources of the remaining environmental problems. The essay suggests that one of the insights of the social norms literature, the influence of social meaning on social norms, may shed light on these misperceptions and may enrich our understanding of the difficulties encountered by efforts to control second generation sources. In particular, this essay examines two principal social meanings that appear to have been conveyed by the command and control system. The first social meaning is the conventional notion …

Resource Law Notes Newsletter, No. 52, Summer 2001, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.

The Great Lakes Charter Annex: A Supplementary Agreement To The Great Lakes Charter, Council Of Great Lakes Governors, Tom Ridge, John Engler, Scott Mccallum, Frank O'Bannon, George E. Pataki, George H. Ryan, Bob Taft, Jesse Ventura, Mike Harris, Bernard Landry

Water Law Documents

In agreeing to this Annex, the Great Lakes Governors and Premiers reaffirm their commitment to the five broad principles set forth in the Great Lakes Charter, and further reaffirm that the provisions of the Charter will continue in full force and effect. The Governors and Premiers commit to further implementing the principles of the Charter by developing an enhanced water management system that is simple, durable, efficient, retains and respects authority within the Basin, and, most importantly, protects, conserves, restores, and improves the Waters and Water-Dependent Natural Resources of the Great Lakes Basin. State and Provincial authorities should be permanent, …

Creating Better River Basin Governance: A Comment, David M. Freeman

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

3 pages.

Creating Better Governance, Denise D. Fort

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

17 pages (includes illustration).

Contains 2 pages of references.

Water For The Environment: A Californian’S Retrospective, Thomas J. Graff

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

9 pages.

Strategies To Facilitate Changes In Water Use, Bonnie G. Colby

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

21 pages.

Contains 4 pages of references and 2 pages of endnotes.

Clarifying State Water Rights And Adjudications, John E. Thorson

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

32 pages.

Contains references.

Clarifying State Water Rights And Adjudications, Greg Hobbs

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

14 pages.

Contains footnotes.

Toward Ecologically Sustainable Water Management: The Roles Of Science And Technology, Brian D. Richter

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

5 pages.

Scientific And Social Landscapes: New Frameworks And Forums For Water Management And Sustainability, Christine Turner, Herman Karl

Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)

11 pages.

Contains 2 pages of references.