Water Law Commons^™

Water Law And Water Resources In Eastern Africa, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.

Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

Environmental Law--Acid Mine Drainage, Katherine P. Kenna

West Virginia Law Review

No abstract provided.

The Soviet-U.S. Environmental Protection Agreement, Weldon L. Merritt

Natural Resources Journal

No abstract provided.

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

The Washington Shoreline Management Act Of 1971, Geoffrey Crooks

Washington Law Review

With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …

Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis

Faculty Publications

This article will describe how the courts have utilized the common law to deal with the groundwater pollution problem. I have attempted to examine every groundwater pollution case reported in the United States, England, Ireland, Scotland, Canada, Australia and New Zealand.10 All of them, a total of 203, are listed in the Appendices. The purpose of this article is to analyze those cases to determine what rule the courts tend to use in particular kinds of groundwater pollution cases.

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

The Pyramid Lake Briefs

American Indian Law Review

No abstract provided.

Book Review. A Summary-Digest Of State Water Laws (R. Dewsnup And D. Jensen, Eds.), A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Problem Of Social Cost - An Alternative Approach, H. H. Liebhafsky

Natural Resources Journal

No abstract provided.

Land Use Controls In Coastal Areas, Richard C. Ausness

Law Faculty Scholarly Articles

Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …

A Survey Of State Regulations Of Dredge And Fill Operations In Nonnavigable Waters, Richard C. Ausness

Law Faculty Scholarly Articles

Several states have recently enacted legislation regulating dredge and fill operations in certain classes of nonnavigable waters. Professor Ausness examines some of the decisions arising under these acts to determine if any distinguishable trend has emerged regarding the nature and extent of constitutional limitations on the regulation of such activities.

A Model Water Code By Frank E. Maloney, Richard C. Ausness, And J. Scott Morris, Anita L. Morse

Kentucky Law Journal

No abstract provided.

The Multiple Use Concept As The Basis Of A New Outer Continental Shelf Legislative Policy, John E. Montgomery

Kentucky Law Journal

No abstract provided.

Virginia Water Policy: The Imprecise Mandate, William R. Walker, William E. Cox

William & Mary Law Review

No abstract provided.

Salyer Land Company V. Tulare Lake Basin Water Storage District, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

“Budgetary Constraints And Benefit-Cost Criteria, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Conventional benefit-cost guidelines are erroneous, owing to their failure to recognize the realities of policy making. From appropriate consideration of budgetary constraints, the interdependence of projects, and the influence of project selection on future budgets the conclusion is that project selection should not follow crude rules of thumb, such as the order of project benefit-cost ratios. By means of a dynamic Lagrangian multiplier model the maximum economic advantage principle for the political context is derived. This principle implies that an optimal project schedule does not require that all marginal benefit-cost ratios be equal. For example, if a project increases the …

Book Review Of Waters And Water Rights, Timothy J. Sullivan

William & Mary Law Review

No abstract provided.

The Ground-Water Depletion Allowance Under The Federal Income Tax, Edgar S. Bagley

Natural Resources Journal

No abstract provided.

Wells And Streams: Relationship At Law, Peter N. Davis

Faculty Publications

Groundwater constitutes one of the major sources of water for municipalities, irrigators, and rural dwellers. Conflicts between groundwater users are bound to arise from time to time, as is evidenced by a recent Missouri case, Higday v. Nickolaus, discussed elsewhere in this issue.' Such conflicts may increase in frequency in the future as the demand for groundwater increases. Although a majority of cases will involve allocation of groundwater between users of that class of water, many groundwater diversion cases will involve adverse effects on the flow of water in streams. It is –to the latter situation that this article is …

The Changing Structure Of International Policy: Needs And Alternatives, Lynton K. Caldwell

Natural Resources Journal

No abstract provided.

The Resolution Of Uncertainty, Harold P. Green

Natural Resources Journal

No abstract provided.

The Human Environment: Problems Of Standard-Setting And Enforcement, Ian Brownlie

Natural Resources Journal

No abstract provided.

The Law School And The Environment, Frances Irwin

Natural Resources Journal

No abstract provided.

The Development Of International Environmental Law And Policy In Africa, J. D. Ogundere

Natural Resources Journal

No abstract provided.

The Conservation Of Migratory Animals Through International Law, Klemm Cyrille De

Natural Resources Journal

No abstract provided.

Error In Navigation Or Management Of Vessels: A Definitional Dilemma, Frank F. Arness

William & Mary Law Review

No abstract provided.

The Tennessee Water Quality Control Act Of 1971: A Significant New Environmental Statute, Julian C. Juergensmeyer

Vanderbilt Law Review

Tennessee's new Water Quality Control Act' is one of the most significant pieces of environmental legislation to be produced in recent years. It is destined not only to revamp water pollution control in Tennessee but also to serve as a model for legislation in other states. The Act and commentary written by its drafter, Professor Frank E. Maloney, are printed following this article. Consequently, no attempt will be made to summarize the entire Act or to provide a detailed guide for its use. The purpose of this introductory article is to examine the salient, often innovative, features of the Act …