Water Law Commons^™

Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

12 pages (includes illustrations and map).

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

2 pages.

Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Contracting For Water From A Federal Project, Gary L. Greer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

7 pages.

Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.

Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains research sources.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

24 pages.

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann

Natural Resources Journal

No abstract provided.

Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier

Natural Resources Journal

No abstract provided.

Determining The Parameters Of The Navigation Servitude Doctrine, Theresa D. Taylor

Vanderbilt Law Review

By abandoning traditional tests of navigability and defining new criteria for applicability of the navigation servitude, the Supreme Court has overlooked historical and precedential bases of the navigation servitude. The most important policy justifications for the doctrine are the need for federal dominance over waters with potential utility for recreation, defense, and commerce, and a desire to safeguard the public's right of access to commonly owned waterways. By considering factors such as the source of improvements upon a waterway and the possible inequity of the traditional noncompensation and notice theories, the Supreme Court has indicated a willingness to subrogate such …

Kaiser Aetna V. United States, 444 U.S. 164 (1979), Janice Kelly

Florida State University Law Review

Waters and Waterways-PUBLIC USE-THE EFFECT OF PROPERTY LAW AS A LIMITATION ON FEDERAL NAVIGATIONAL SERVITUDE

Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness

Natural Resources Journal

No abstract provided.

Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock

Natural Resources Journal

No abstract provided.

Emergency Power And The Hero Of New Orleans, Abraham D. Sofaer

Cardozo Law Review

No abstract provided.

Water Rights On Indian Allotments, David H. Getches

Publications

Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …

Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson

Publications

No abstract provided.

In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I

Uneasy Federalism—State Water Laws And National Water Uses, Frank J. Trelease

Washington Law Review

Examines tensions between state water rights laws and federal projects that require water. Presented as the Walker-Ames Lecture, University of Washington, Seattle, April 10, 1980.

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

Articles

The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …