Water Law Commons^™

Love Lust In New Mexico And The Emerging Law Of Obscenity, Leo Kanowitz

Natural Resources Journal

No abstract provided.

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

All Faculty Scholarship

This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.

Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry

Washington Law Review

Our primary focus is on small natural lakes, that are nonnavigable for title. Restriction of our discussion to lakes, of course, excludes water bodies too small to be labeled "lakes." No hard and fast definition of "lake" can be derived from the case law, but, intuitively, it is clear, that at some point, a water body will be obviously so small, shallow, or useless, that the established rules of lake law will not be applied The term "natural" also excludes artificial lakes, which present peculiar problems not necessarily resolvable in the natural lake context. We have examined primarily cases dealing …

Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker

Washington Law Review

On December 4, 1969, the public won a significant victory in the Supreme Court of Washington. The court ordered defendants who had filled their lands, which are seasonally inundated by the waters of Lake Chelan, to remove the fill because it obstructed the rights of plaintiffs and the public to swim, boat, fish, bathe, recreate, and navigate in the waters of the lake. This principle applies to all navigable waters of the state The sweeping character of the decision is demonstrated by the narrow ground on which three of the judges dissented, in part, to Judge Mathew W. Hill's majority …

Effluent Charges: Water Polution Control, Giovanna M. Longo

University of Michigan Journal of Law Reform

Various schemes to abate pollution have been proposed as the answer to the problem: expansion of existing treatment facilities; imposition of heavy penalties on individual polluters; granting tax incentives to reduce pollution; an absolute prohibition on dumping of certain or all pollutants; and the imposition of effluent charges. The particular remedy that is pursued should be selected on the basis of its ability to eliminate the root causes of pollution. Therefore, before an effective solution may be formulated, it is necessary to consider the reasons for the existence of the water pollution problem.

Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham

University of Michigan Journal of Law Reform

In the final hours of a three month session, Vermont's legislature adopted a water pollution control law which imposes fees on polluters. Control of water pollution has been a popular issue in Vermont-its first comprehensive laws on the subject were passed in 1949 -and this new legislation is designed to be a major step toward upgrading much of that state's water resources. Increasing industrial and municipal water use has resulted in such widespread pollution that the traditional private law of riparian rights provides an inadequate remedy to the problem of unclean water. Consequently, state intervention has become essential to the …

Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The American public of late has shown increasing concern over the quality of the environment. Water pollution has long been recognized as a major threat to a better environment. Municipal, industrial, and agricultural operations all contribute to the pollution problem. Municipalities empty millions of gallons of inadequately-treated sewage into the nation's rivers and streams. Municipal wastes are almost exclusively organic in nature. Currently municipal wastes are estimated to average about ten million tons annually while industrial pollution averages approximately fifteen million tons. Treatment in general is technologically feasible; the primary impediment is financial inability on the part of municipalities to …

Development Of International River Basin: Regulation Of Riparian Competition: Part Ii, Nitza Shapiro-Libia

Indiana Law Journal

No abstract provided.

Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock

Indiana Law Journal

No abstract provided.

Standards For The Administration Of Criminal Justice, Howard C. Bratton

Natural Resources Journal

No abstract provided.

Water Law, Ralph W. Johnson

Articles

Reviewing Water Law and Administration—The Florida Experience, by Frank E. Maloney, Sheldon J. Plager, and Flether N. Baldwin, Jr. (1968).

The Wild And Scenic Rivers Act Of 1968, A. Dan Tarlock, Roger Tippy

Articles by Maurer Faculty

No abstract provided.

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Natural Resources Journal

No abstract provided.

Development Of International River Basins: Regulation Of Riparian Competition, Nitza Shapiro-Libai

Indiana Law Journal

No abstract provided.

Editor's Note, Bruce Keith

Natural Resources Journal

No abstract provided.

The Public Interest And Private International Maritime Law, Allan I. Mendelsohn

William & Mary Law Review

No abstract provided.

Compensation For The Right Of Access To Navigable Waters

Washington and Lee Law Review

No abstract provided.

The United Nations And Marine Resources, David S. Browning

William & Mary Law Review

No abstract provided.

Sax: Water Law, Planning And Policy: Cases And Materials, Lynton K. Caldwell

Michigan Law Review

A Review of Water Law, Planning and Policy: Cases and Materials by Joseph L. Sax

Idaho -- The Constitutionality Of A Mandatory Permit System And Denial Of A Water Use In The Public Interest, William L. Corbett

Faculty Law Review Articles

This article analyzes the development and the present status of Idaho's water appropriation system to consider the constitutional obstacles and proposes a plan for the maximization of the state's presently unappropriated water. The article suggests that a mandatory permit system is constitutional and with the proper interpretation of "beneficial use" Idaho can maximize water resource allocation in the public interest.

Kneese And Smith, Water Research, Ralph D'Arge

Natural Resources Journal

No abstract provided.

Nash, Wilderness And The American Mind And Shepard, Man In The Landscape, Paul B. Sears

Natural Resources Journal

No abstract provided.

Marine Resources And The Freedom Of The Seas, Francis T. Christy Jr.

Natural Resources Journal

No abstract provided.

The Process Of Making Good Decisions About The Use Of The Environment Of Man, Louis Hamill

Natural Resources Journal

No abstract provided.

The Warehouse Vs. The Secured Party: Who Prevails When The Warehouseman's Lien Covers Goods Subject To A Security Interest, Mark B. Thompson Iii

Natural Resources Journal

No abstract provided.

The Trend In Water Law Development, Jerome Maslowski

University of Michigan Journal of Law Reform

The basis of public and private rights in the waters of the State of Michigan is grounded principally in the common law. There has been a scarcity of statutory law on the subject and it is only within the last ten years that any statutes have been enacted which seek to delineate public and private rights.

Conflict Avoidance In International Law - The Sparsely Peopled Areas And The Sino-Indian Dispute, Daniel Wilkes

William & Mary Law Review

No abstract provided.

Emerging Patterns For Regulation Of Consumptive Use Of Water In The Eastern United States, Sheldon J. Plager, Frank E. Maloney

Indiana Law Journal

No abstract provided.

Book Review. Water Rights By J. H. Beuscher, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Pesticide Problem, Roland C. Clement

Natural Resources Journal

No abstract provided.