Water Law Commons^™

Some Observations On The Law Of Water Allocation As A Variable In Industrial Site Location, Sheldon J. Plager

Articles by Maurer Faculty

The availability of a water supply is of vital concern to industry. This availability may be affected as much by the applicable legal doctrine as by the accessibility of an adequate water supply. Professor Plager explores the two major riparian doctrines that apply to surface water supplies: "natural flow" and "reasonable use." He concludes that, although the theoretical differences between the two doctrines are often blurred, practical differences are present.

Multiple Interests In Riparian Land, Subdivision Platting, And The Allocation Of Riparian Rights, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Interference With The Public Right Of Navigation And The Riparian Owner's Claim Of Privilege, Sheldon J. Plager

Articles by Maurer Faculty

Entering a navigable body of water from the upland, and navigating from the point of access to distant points on the same body of water or points on connecting bodies of water, are, for practical purposes, a continua­tion of the same act. Yet they involve significantly different legal concepts and raise significantly different issues. The problems resulting from inter­ference with a riparian owner's right of access to and from his upland are examined in Part I of this article; those involving his right to travel once he has obtained access are the subject of Part II.

Diffused Surface Water: Scourge Or Bounty?, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon

Washington Law Review

The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …

The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon

Washington Law Review

The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …

The Ownership Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff

William & Mary Law Review

No abstract provided.

Legal Implications Of Boundary Water Pollution, J. P. Erichsen-Brown

Buffalo Law Review

No abstract provided.

The Perils Of Interstate Succession In New Mexico And Related Will Problems, Denny O. Ingram Jr., Theodore Parnall

Natural Resources Journal

No abstract provided.

Constitutional Limitations On The Excercise Of Judicial Functions By Administrative Agencies, Albert E. Utton

Natural Resources Journal

No abstract provided.

Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon

Washington Law Review

The concept of "creative federalism"' is as elusive as it is new. As a descriptive term, "creative federalism" describes not what federalstate relations presently are but what they ought to be. In order to appreciate the concept it is necessary to understand the argument that governmental activities no longer revolve around a politics of issues but rather now center in a politics of problem-solving. The question no longer is: Is it to be done? Rather the inquiry is: How is it to be done? Creative federalism recognizes the need of asking state and local governments the "how to do it" …

Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon

Washington Law Review

The concept of "creative federalism"' is as elusive as it is new. As a descriptive term, "creative federalism" describes not what federalstate relations presently are but what they ought to be. In order to appreciate the concept it is necessary to understand the argument that governmental activities no longer revolve around a politics of issues but rather now center in a politics of problem-solving. The question no longer is: Is it to be done? Rather the inquiry is: How is it to be done? Creative federalism recognizes the need of asking state and local governments the "how to do it" …

In Memoriam: Verle Rue Seed, 1903-1967, Henry Weihofen

Natural Resources Journal

No abstract provided.

Eminent Domain - Riparian Rights, Jean Mcguinness

Duquesne Law Review

The Supreme Court reaffirms its decision in United States v. Twin City Power Co., 350 U.S. 222 (1956) and holds that the government may disregard the value of land arising from the fact of riparian location in compensating the owner when fast lands are appropriated.

United States v. Rands, 88 S. Ct. 265 (1967).

Australian And American Water Allocation Systems Compared, Peter N. Davis

Faculty Publications

Amid general plenty, local and regional shortages of water have appeared in the eastern United States.1 These shortages are largely the result of intense concentrations of water demand on the more important rivers-rivers which, for the most part, are heavily polluted This problem is heightened by the fact that the location of major population and industrial centers has only partially depended on availability of water supplies. In many areas, local surface and ground water supplies are inadequate and water must be imported to make up the deficit." Moreover, demands on water supplies for supplementary irrigation, for hydro-electric power, and for …

Preservation Of Scenic Rivers, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.

The Economic Analysis Of Recreational Reservoirs, L. Douglas James

Kentucky Law Journal

No abstract provided.

Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.

Articles

What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.

Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield

Washington Law Review

It is no secret to residents of the western states that water is a matter of primary public concern. Land and water policies are deeply imbedded in the region, and the imprint of federal water projects on the economic geography of the West is plain to see. It is increasingly clear, however, that no coherent national policy, past or present, has emerged from the massive federal effort in the field. There is no lack of interest, planning, and expenditure on the supply and quality of water, and much progress has been made in definition and measurement of the factors that …

Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker

Washington Law Review

In Hughes v. State, the Washington Supreme Court decided that the boundary between upland and tideland is the vegetation line as it existed in 1889. Its decision conflicts with an earlier decision of the Court of Appeals for the Ninth Circuit which followed the United States Supreme Court's decision in City of Los Angeles v. Borax Consol., Ltd. The decisions conflict both on criteria for locating the boundary and on its fixed or movable character. Underlying both questions are fundamental issues about the extent to which state or federal law provides the answers. After extensive analysis of these answers, Professor …

The Entry And Regulation Of Foreign Corporations Under The Model Business Corporation Act, Thomas L. Bonham

Natural Resources Journal

No abstract provided.

The Bill Of Rights And American Indian Tribal Governments, Burton D. Fretz

Natural Resources Journal

No abstract provided.

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Washington Law Review

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …

Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker

Washington Law Review

Drawing on experience gained in ten years of fighting California's water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late.

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Articles

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …

Attitudes Of First-Year Law Students At The University Of New Mexico, Cleopatra Campbell

Natural Resources Journal

No abstract provided.

The Pro And Con Of Interjecting Plaintiff Insurance Companies In Jury Trial Cases: An Isolated Jury Project Case Study, Dale W. Broeder

Natural Resources Journal

No abstract provided.

The Boating Boom: Admiralty Jurisdiction Inland

Washington and Lee Law Review

No abstract provided.