Water Law Commons^™

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …

Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long

Articles

No abstract provided.

Don't Go Near The Water: Following The Fate Of The Clean Water Rule, Elizabeth R. Mylin

Duquesne Law Review

On August 28, 2015, the United States Environmental Protection Agency and the Army Corps of Engineers released their hotly debated Clean Water Rule (the Rule) redefining what are federally protected jurisdictional "waters of the United States." The Rule clarifies, and attempts to resolve, years of different interpretation and confusing rulings by the Supreme Court on which waterways are under the jurisdiction of the federal government and therefore subject to regulations under the Clean Water Act. This article addresses which waters are explicitly covered under the Rule and how opponents of this definition are distorting the plain language of the Rule. …

Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa

Environmental Law Program Publications @ Haub Law

From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.

“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.

Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.

This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.

But he does …

The Ozark National Scenic Riverways And The Sagebrush Rebellion In Missouri, John W. Ragsdale Jr

Faculty Works

This article focuses on the back country-the Ozark National Scenic Riverways (ONSR) and the community around and with the rivers. It begins historically, tracing the origins and courses of stable-state, subsistence agricultural societies in the rugged hills overlooking the Current and Jacks Fork Rivers. It shows that such societies, though autonomous, are vulnerable to outside aggression. War, raiders, in­dustrial timbermen, and modern technology can shatter the environ­mental balance. Dam builders, government land managers, and tour­ism can erode internal sovereignty, custom, and self-esteem. These forces befell the Ozark highlands around the ONSR.

Out of the breakdown of land and economy, and …

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

Water Valuation And Utility Rates, Amy Hardberger

Texas A&M Journal of Property Law

As I’ve worked on this topic, it really has evolved. I was thrown into land use, but land use opened my eyes to new water tools. Nationwide there is a shift towards conservation of water and water sustainability. Land use might be the “ace-in-the-hole,” not the simple act of turning the water off when you brush your teeth—even though I want you to do that.

What’s important when talking about how we are going to survive, is “where are we going?” Because cities are so overpopulated, we are moving out of rural areas and into cities. This has caught the …

Chapter 594: Making California’S Water Supply Planning Process More Fluid With Large-Scale Development Projects, Kyle Sproul

University of the Pacific Law Review

No abstract provided.

Connecting The “Drops” Of California Water Data: Chapter 506: The Open And Transparent Water Data Act, J. Gage Marchini

University of the Pacific Law Review

No abstract provided.

Owning Groundwater: The Example Of Mississippi V. Tennessee, Christine A. Klein

UF Law Faculty Publications

In Mississippi v. Tennessee, a case currently on the U.S. Supreme Court’s docket, Mississippi claims that it owns all groundwater stored underneath its borders that does not cross into Tennessee under “natural predevelopment” conditions—before the advent of modern well technology. Mississippi seeks more than six hundred million dollars for pumping by Tennessee wells that tap into a geologic formation that underlies both states. This is a remarkable claim that departs from the almost uniformly established proposition that the states do not “own” the water within their borders, but instead are authorized to manage that water for the “use” of …

The Big "Blue" Nation: Expanding Aquaculture In Kentucky, K. Cassandra Keck

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Law In The Time Of Cholera, Rhett B. Larson

Notre Dame Law Review

Thousands die each day from infections related to water, as evidenced in the ongoing crises of cholera in Haiti, Zika in the Western Hemisphere, and Legionnaires’ Disease in Flint, Michigan. Yet water law focuses primarily on two agendas. First, the “Blue Agenda” aims to provide an equitable allocation of water to individuals and communities while encouraging sustainable water management. Second, the “Green Agenda” aims to efficiently protect water in the natural environment from pollution. These two agendas often ignore, and can be inconsistent with, the “Red Agenda.” The Red Agenda addresses prevention of waterborne infections, like cholera, and the habitat …

Evaluating Stock-Trading Practices And Their Regulation, Merritt B. Fox, Kevin S. Haeberle

Faculty Scholarship

High-frequency trading, dark pools, and the practices associated with them have come under tremendous scrutiny lately, giving rise to much hot rhetoric. Missing from the discussion, however, is a principled, comprehensive standard for evaluating such practices and the law that governs them. This Article fills that gap by providing a general framework for making serious normative judgments about stock-trading behavior and its regulation. In particular, we argue that such practices and laws should be evaluated with an eye to the secondary trading market’s impact on four main aspects of our economy: the use of existing productive capacity, the allocation of …

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Faculty Scholarship

This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses—and considers …

Cannabis And Water Management: International Regulation And The Legal Framework Of The European Union, Maria E. Milanes-Murcia

University of the Pacific Law Review

No abstract provided.

Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi

Law Faculty Scholarship

No abstract provided.

California Water Reallocation: Where'd You Get That?, Damian Park

Economics

When thirsty, Californians often avoid going to the market for more water. Instead, they might borrow some from their rich neighbors, they might sue them or more commonly, they simply take more from users without much of a voice (e.g. the fish or future generations). These alternatives are often superior to using markets. Within markets, a surprising detail emerges – it is uncommon for farmers to fallow fields in order to sell water to another user. Rather, many water transfers are structured so sellers can have their cake and eat it too. While some of these transfers rightly bring about …

The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione

American University Law Review

No abstract provided.

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Faculty Publications

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as …

Valuing Sacred Tribal Waters Within Prior Appropriation, Michelle Bryan

Faculty Law Review Articles

Throughout the world water plays a central role in the spirituality of indigenous peoples. Focusing on the American West, this article first describes how tribal water needs touch upon the sacred and then explains how both federal law and state prior appropriation doctrine fail to adequately protect these important sacred views of water. Pivoting away from the classic federal law arguments, the article then advocates for an evolution in state water law regimes to provide yet unrecognized protections for tribal sacred waters. Because international law plays an increasing role in this issue, the article also explores case studies from Ireland, …