Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin,
2018
University of Idaho College of Law
Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens
Articles
This article explores the emergence of formal and informal bridging organizations to facilitate solutions to water conflict at the scale of the water resource. This new approach to governance is of particular importance on rivers within or shared by countries in which water management is fragmented among national and sub-national levels of government as well as among governmental sectors. This article focuses on the Columbia River Basin, in the United States and Canada. Review of the Columbia River Treaty governing shared management of the river has opened a public dialogue on river governance. Treaty review coincides with change in both …
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign,
2018
University of Illinois Urbana-Champaign
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell
All ECSTATIC Materials
This document is the syllabus for CEE 433: Water Technology & Policy, by instructor Ashlynn S. Stillwell at the University of Illinois at Urbana-Champaign. The course is an elective class, open to upper-level undergraduate and graduate students.
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage,
2018
American University Washington College of Law
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier
American University International Law Review
No abstract provided.
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin,
2018
University of Idaho, College of Law
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens
Articles
In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …
Rainwater Harvesting In Colorado And The Quandary Of A Taking,
2018
Wheaton College
Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen
Texas A&M Journal of Property Law
Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them …
Continued Turbulence In "Waters Of The United States",
2018
Stites and Harbison, PLLC
Continued Turbulence In "Waters Of The United States", William T. Gorton Iii
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Interpretations Of The Clean Water Act Are As Muddy And Polluted As The Water The Act Seeks To Protect,
2018
University of Kentucky
Interpretations Of The Clean Water Act Are As Muddy And Polluted As The Water The Act Seeks To Protect, Lauren Keeler
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
New Water For Water Dispute Resolution,
2018
Arizona State University at the Tempe Campus
New Water For Water Dispute Resolution, Rhett B. Larson
Texas A&M Journal of Property Law
Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved …
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies,
2018
Claremont Colleges
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey
CMC Senior Theses
California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the emerging literature …
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond,
2018
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …
Bridging The Safe Drinking Water Gap For California’S Rural Poor,
2018
Columbia Law School
Bridging The Safe Drinking Water Gap For California’S Rural Poor, Camille Pannu
Faculty Scholarship
Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California’s disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and drought relief interventions across the state. Voters approved the $7.45 billion bond, which reserved millions of dollars of funding for DACs with persistent water quality problems. In setting aside those funds, the Legislature acknowledged that decades of disinvestment in rural, disadvantaged communities had created severe water contamination, limited water access, and …
Compact Compliance As A Beneficial Use: Increasing The Viability Of An Interstate Water Bank Program In The Colorado River Basin,
2018
University of Colorado Law School
Compact Compliance As A Beneficial Use: Increasing The Viability Of An Interstate Water Bank Program In The Colorado River Basin, Emily Halvorsen
University of Colorado Law Review
There is a looming problem facing the Colorado River Basin: an increasing likelihood of a compact call on the Upper Basin due to projected climate change and population growth stresses on the Colorado River. To address this problem, water resource managers and natural resource management organizations throughout the Upper Basin have proposed a leading approach of an interstate water bank program. There are three main shortfalls to this though, which do not make the program a viable approach in addressing the problem: (1) legal uncertainty regarding individual water rights; (2) concerns regarding speculation; and (3) lack of incentives for state …
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?,
2018
S.J. Quinney College of Law, University of Utah
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Texas A&M Law Review
Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive …
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention,
2018
Vanderbilt University Law School
Water Management On The Brahmaputra And The Applicability Of The Unece Water Convention, Stephanie Biggs
Vanderbilt Journal of Transnational Law
The Brahmaputra River is one of the world's largest transboundary waterways, yet it lacks a coherent, international management framework. The river, which flows from China through India and into Bangladesh, has been subject to decades of stalled negotiations, gamesmanship, and stop-gap oversight measures. As climate change and population growth place new stressors on the Brahmaputra and its riparian states, this arrangement will become untenable. Moreover, obtaining consensus may soon become impossible as the region grows increasingly water scarce. There is a brief window of opportunity to rectify inadequate management of the river and address urgent issues such as environmental protection …
Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia,
2018
Old Dominion University
Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia, Carol Considine, Emily Steinhilber
Engineering Technology Faculty Publications
[Introduction] The Hampton Roads region is located in southeastern Virginia where the Chesapeake Bay meets the Atlantic Ocean. The region includes seventeen municipal governments and has a large federal government presence with 26 federal agencies represented (See Figure 1). The region has a population that exceeds 1.7 million and is home to the deepest water harbor on the U.S. East Coast. Hampton Roads' economy is dependent on the local waterways and houses the world's largest naval facility, the sixth largest containerized cargo complex and supports a thriving shipbuilding and repair industry as well as a tourism industry. However, the region's …
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water,
2018
University of Nevada, Las Vegas
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water, Blossom Hamika, Haley Merrill, Zoyla Orellana
Math 365 Class Projects
This research is to show when all of the U.S. will have access to safe drinking water.
Keeping Power In Charge: Federal Hydropower And The Downstream Environment,
2018
University of New Mexico - School of Law
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Faculty Scholarship
This article examines legal issues regarding hydropower, fish and wildlife at federal water projects in the West. It begins by briefly explaining the legal and institutional framework for federal water projects that generate hydropower. The following section summarizes relevant laws and policies for fish and wildlife protection in relation to federal hydropower operations, focusing primarily on the application of the ESA in this context. The article then considers the case of Glen Canyon Dam, where the Bureau and the National Park Service recently adopted a new operating plan after an extensive review that addressed hydropower, the needs of two very …
Indigenous Rights To Water & Environmental Protection,
2018
University of Washington School of Law
Indigenous Rights To Water & Environmental Protection, Robert T. Anderson
Articles
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part …
Is There A Right To Life For The Colorado River?,
2017
University of New Mexico - School of Law
Is There A Right To Life For The Colorado River?, Reed D. Benson
Faculty Scholarship
A recent lawsuit, declaring the Colorado River has legal rights of its own, received national attention in the New York Times and High Country News. While the lawsuit had no chance of success, it highlighted important issues.
Instream Flow Regulation: Plugging The Holes In Maine's Water Law,
2017
University of Maine School of Law
Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman
Maine Law Review
States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It is …
