Water Law Commons^™

Reforming The Forest Service, Denise D. Fort

Natural Resources Journal

No abstract provided.

New Direction In Scared Lands Claims: Lying V. Northwest Indian Cemetary Protective Association, Nancy Akins

Natural Resources Journal

No abstract provided.

Water Pollution And The Public Trust Doctrine, Ralph W. Johnson

Articles

Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …

New Challenges To State Water Allocation Sovereignty (With C. Dumars), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Illusion Of Finality In General Water Rights Adjudications, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Reflections On Sixty Years Of Water Law Practice, Glenn G. Saunders, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

50 p. ; 28 cm

Resource Law Notes Newsletter, No. 16, Jan. 1989, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Water Quality And Water Rights In Colorado, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute

Books, Reports, and Studies

44 p. ; 28 cm

Transferring Water Rights In The Western States: A Comparison Of Policies And Procedures, Bonnie G. Colby, Mark A. Mcginnis, Ken A. Rait, Richard W. Wahl, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

vi, 90 p. : ill. ; 28 cm

Maine Nonpoint Source Pollution Assessment Report, Bureau Of Water Quality Control

Maine Collection

Maine Nonpoint Source Pollution Assessment Report

Prepared by the Maine Department of Environmental Protection, Bureau of Water Quality Control, Augusta, Maine 1989.

Contents: Executive Summary / Introduction / Methodology / Statewide Water Quality Summary / State And Local Agency Programs for Control of Nonpoint Source Pollution / Process for Identification of Best Management Practices and Associated Standards / List of References / List of Figures / List of Tables

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 …

The Movement To Assimilate The American Indians: Jurisprudential Study, John W. Ragsdale Jr

Faculty Works

In 1934, the United States made a revolutionary shift in Indian policy. Laws were passed that ended most assimilation measures and began, instead, a preservation and promotion of tribalism. Why did this happen? What changes in American thought, politics and economy could precipitate such a reversal? Felix Cohen, a former special assistant to the Attorney General, and known as the "Blackstone of American Indian Law," noted: "Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the …

Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster

Natural Resources Journal

No abstract provided.

Joint Resolution S.J. Res. 67, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Liability Rules For Surface Water Drainage: A Simple Economic Analysis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

Wilderness In Canada: Past, Present, Future, J. Gordon Nelson

Natural Resources Journal

No abstract provided.

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Publications

No abstract provided.

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray

Faculty Scholarship

No abstract provided.

"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray

Faculty Scholarship

No abstract provided.

A Primer On California Water Transfer Law, Brian E. Gray

Faculty Scholarship

No abstract provided.

Clean Water Act Citizens Suits After Gwaltney: Applying Mootness Principles In Private Enforcement Actions, Reed D. Benson

Faculty Scholarship

The Supreme Court recently held that a citizen plaintiff must make a good-faith allegation of an ongoing violation in order to bring an enforcement action under the Clean Water Act. The decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., will prevent citizens from bringing suit for the assessment of civil penalties solely for past violations of the Clean Water Act.

An Eddy In The Colorado River Litigation, Robert H. Abrams

Journal Publications

No abstract provided.

Resource Law Notes Newsletter, No. 15, Oct. 1988, 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 Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull

Washington Law Review

Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …