Water Law Commons^™

The Tennessee Water Quality Control Act Of 1971, Frank E. Maloney

Vanderbilt Law Review

The text of the Act and commentary that follows is the product of a larger study undertaken by Professor Maloney at the request of the 87th General Assembly of the State of Tennessee. This study was the subject of a seminar on environmental protection at the Vanderbilt University School of Law. Four of the participating students--Elbert E. Edwards, III, Thomas H. Graham, Robert D. McCutcheon, and Paul L. Sloan--drafted the proposed statute and commentary under Professor Maloney's supervision with the research assistance of the other members of the class. For many sections of the statute, the drafters drew heavily from …

Illinois V. City Of Milwaukee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Book Review: Water Wasteland, Angus Macbeth

Fordham Urban Law Journal

Water Wasteland, reviews federal water pollution control programs of the last fifteen years and provides a useful insight into the decline and fall of American rivers.

The Chain And Unity Of Title Theories For Delineating Riparian Land: Economic Analysis As An Alternative To Case Precedent, Donald R. Levi, Kenneth C. Schneeberger

Buffalo Law Review

No abstract provided.

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …

Indiana's Receding Southern Boundary, Leon H. Wallace

Articles by Maurer Faculty

Proposed construction of Mt. Vernon Port emphasizes important legal questions currently involved. Leon H. Wallace, I. U. Law Professor, discovers and reports interesting history of location of Indiana-Kentucky border and the deep penetration into Hoosier territory as construction of dams pushes river's low water line, the accepted boundary, northward.

A Riparian Owner Can Be Divested Of The Right To The Use Of The Water Flowing By His Land For Failure To Timely File For A Permit With The Texas Water Rights Commission., Robert L. Galligan

St. Mary's Law Journal

Abstract Forthcoming.

Qui Tam Actions Against Polluters Of Navigable Waters: An Attempted Augmentation Of Refuse Act Enforcement., John C. Cernkovich

St. Mary's Law Journal

Abstract Forthcoming.

Some Problems Of Water Resource Management In Virginia: A Preliminary Examination, Joseph A. Miri

William & Mary Law Review

No abstract provided.

Administering State Water Resources: The Need For Long-Range Planning, Frank E. Maloney, Richard C. Ausness

West Virginia Law Review

No abstract provided.

Administering State Water Resources: The Need For Long-Range Planning, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

Drastically increased demands upon the nation's water resources are predicted in the coming years as a result of population growth, increased per capita use of water, and the progressive concentration of the population in urban areas.

One solution to the water shortage problem is to obtain water from new sources. The boldest and most ambitious proposal is the North American Water and Power Alliance (NAWAPA). This project would result in the damming of various rivers in Alaska and the Canadian Yukon, and transporting the waters of these rivers into a largely man-made five hundred mile long reservoir along the Rocky …

Admiralty - Unseaworthiness - Instantaneous Operational Negligence. Usner V. Luckenbach Overseas Corp., 91 S. Ct. 514 (1971), Frank F. Arness

William & Mary Law Review

No abstract provided.

The Externalities Of A Torrey Canyon Situation; An Inpetus For Change In Legislation, Henry J. Mcgurren

Natural Resources Journal

No abstract provided.

The Economics Of Sewage Disposal In A Coastal Urban Area - A Case Study Of The Monterey Penninsula, California, Gail Eric Updegraff

Natural Resources Journal

No abstract provided.

An Appropriator Acquires A Vested Right In The Beneficial Use Of Water Allocated To Him But Does Not Acquire A Vested Right To The Non-Use Of Water Thus Allocated - Article 7519a Is A Retroactive Law Not Prohibited By The Texas Constitution Because It Does Not Operate As A Deprivation Of A Vested Right., Richard Gary Thomas

St. Mary's Law Journal

Abstract Forthcoming.

A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

As a nation, the United States is in the early stages of a developing water crisis. With an exploding population accompanied by great technological advances in industry and agriculture, America is using progressively more water each day; the increasing use threatens to exceed available supplies in the future unless available resources are properly managed.

As the demand for water grows, problems related to the equitable allocation of this important resource will likewise increase. The need that presently exists for an integrated and balanced approach to the problems of water consumption, pollution, navigation and recreation will become even more acute in …

The Area Of Origin And A Columbia River Diversion, Ralph W. Johnson

Washington Law Review

A major Columbia River water diversion is an option available to meet the future long-range water needs of the rapidly growing but arid Southwest. Without taking a position on the ultimate issue of diversion, Professor Johnson examines numerous precedents and current proposals for protecting the water rights of the area of origin. Since authority for determining whether and on what terms a diversion will take place rests with Congress, the political interests involved in a major diversion project are discussed and proposals are advanced for protecting areas of origin in light of past experience and political reality.

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.

Control Of Water Resources In W.A, T C. Calder

Journal of the Department of Agriculture, Western Australia, Series 4

Use of underground and surface water is controlled so that the supplies are available to the general benefit of all domestic, industrial and agricultural users in a particular area.

Water is a valuable resource and its contamination and wastage must be avoided. This article outlines the provisions of the Rights in Water Act which is designed to protect water supplies from undue exploitation, contamination and wastage.

The Area Of Origin And A Columbia River Diversion, Ralph W. Johnson

Articles

In 1968 Congress declared a ten-year moratorium on any study of diversion of Columbia River water to the Southwest. One of the reasons for the moratorium was to give residents of the Pacific Northwest time to analyze their region's water needs to determine if "surplus" waters are available for export, and to establish, in a broader sense, a regional policy towards diversion proposals.

This article assumes a neutral stance towards the ultimate issue of diversion and attempts only to analyze the problem of protecting the area of origin in the event of a Columbia River to Southwest interbasin water transfer.

The Area Of Origin And A Columbia River Diversion, Ralph W. Johnson

Articles

In 1968 Congress declared a ten-year moratorium on any study of diversion of Columbia River water to the Southwest. One of the reasons for the moratorium was to give residents of the Pacific Northwest time to analyze their region's water needs to determine if "surplus" waters are available for export, and to establish, in a broader sense, a regional policy towards diversion proposals. This article assumes a neutral stance towards the ultimate issue of diversion and attempts only to analyze the problem of protecting the area of origin in the event of a Columbia River to Southwest interbasin water transfer. …

How To Stand Still Without Really Trying: A Critique Of The New Mexico Administrative Procedures Act, Albert E. Utton

Natural Resources Journal

No abstract provided.

The Regulation Of Public Utilities, Alfred L. Parker

Natural Resources Journal

No abstract provided.

Abandoned Property At Sea: Who Owns The Salvage "Finds"?, Lawrence J. Lipka

William & Mary Law Review

No abstract provided.

New Mexico's 1969 Criminal Abortion Law, Jonathan B. Sutin

Natural Resources Journal

No abstract provided.

Thermal Electric Power And Water Pollution: A Sitting Approach, Billy Darrell Mcdaniel

Indiana Law Journal

No abstract provided.

The Lake Chelan Case—Another View, Edward A. Rauscher

Washington Law Review

The court's decision in this case has been widely discussed. The author reviews the status of authority contrary to the position advanced by Professor Corker in his recent article, and concludes that the opinion does not apply to tidelands or shorelands, that the Supreme Court has neither declared nor implied a general prohibition against development of private lands underlying navigable waters in Washington, and that to do so in the future the Court would find it necessary to overturn some well-established (legislative, administrative and judicial) principles as to the character of private ownership of such lands in this state.

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson

Washington Law Review

This new book is a fine contribution to the growing body of water law literature. It presents an exhaustive review of the law of Florida in the water resources field, with substantial references to the water laws of the other eastern states. Excellent legal scholarship and careful analysis characterize the efforts of these authors. Dean Maloney and Professor Plager have published in this field for many years and several chapters of the book have appeared earlier as law review articles. Professor Baldwin contributed the federal law material to the book.