Water Law Commons^™

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.

The New Red River Rivalry: Oklahoma's Unconstitutional Attempt To Calm The Waters By Restricting The Sale Of Water Across State Lines, Scott M. Delaney

Oklahoma Law Review

No abstract provided.

Investment Impact Of Water Reliability—Recent Dow Experience, Paul Bork

Texas A&M Journal of Property Law

Rather than repeat the work of others in this area, this paper merely cites with approval the recent paper of Michael Booth3 for its presentation of the background and current status of the law, including TCEQ’s regulations and the ongoing case4 challenging the existing TCEQ water call regulations and their application. The Author ex- presses no view regarding the paper’s presentation of Mr. Booth’s views with respect to the legality or appropriateness of these regula- tions or his views on this case. The Author notes in passing that the second sentence in Section D of this paper should read in …

The Potential Impact Of Federal Laws On State Water Supplies, Brad B. Castleberry, Sara R. Thornton

Texas A&M Journal of Property Law

States have long held the exclusive right to allocate their surface and groundwater supplies absent some express federal authority, usually via a contract with a federal agency for stored water in a federally sponsored and funded project. Over time, however, an emphasis on federal involvement has led to scrutiny of projects where there are no federal dollars being expended—only federal permits needed to implement projects by the states. This federal involvement can sometimes have extremely costly impacts to states, effectively creating an invisible dam of laws and regulations under the guise of protecting the environment. This paper will explore a …

Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny

Law Faculty Research Publications

No abstract provided.

Interstate Groundwater Law In The Snake Valley: Equitable Apportionment And A New Model For Transboundary Aquifer Management, Noah D. Hall, Benjamin L. Cavataro

Law Faculty Research Publications

No abstract provided.

The Increasing Privatization Of Environmental Permitting, Jessica Owley

Articles

No abstract provided.

The Rise And Demise Of The Absolute Dominion Doctrine For Groundwater, Joseph W. Dellapenna

University of Arkansas at Little Rock Law Review

Increased human populations, together with increased per capita water usage and climate changes, have resulted in our planet coping with greater water shortages than ever before. Groundwater has played, and will continue to play, a critical role in dealing with water shortages. Consequently, more and more attention, legal and otherwise, is being given to groundwater across the United States.

Much legal confusion about groundwater exists. For starters, there is no single legal definition for groundwater. Moreover, the law has developed legal categories such as percolating water and underground streams which, while contradictory to scientific hydrology, remain embedded in the law. …

Compartmentalized Thinking And The Clean Water Act, Christine A. Klein

UF Law Faculty Publications

Modern water pollution control traces back to the Federal Water Pollution Control Act of 1972 (Clean Water Act or CWA). Like other statutes of its period, the CWA addresses pollution of a single medium, water. Despite its goal of achieving aquatic integrity, the CWA succumbs to what this article refers to as “compartmentalized thinking.” That is, in drafting the CWA, Congress created a series of regulatory boxes that separate water into constituent parts recognized by law, but not by nature. Undertaking a deeper examination of the fragmentation instinct, this article turns to political theory and cognitive psychology for explanations. In …

The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …

Climate Change And Tribal Water Rights: Removing Barriers To Adaptation Strategies, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Public Trust Doctrine: Does It Provide The Public With Access To The Beaches Of Lake Michigan In Illinois? , Henry Rose

Public Interest Law Reporter

No abstract provided.

Grab For Water Could Spark Conflict In Pakistan And India, Nicole Livanos

Public Interest Law Reporter

No abstract provided.

Red River Shoot-Out: Can Texas Divert Its Compact Authorized Share Of A River From An Oklahoma Location In Violation Of An Oklahoma Statute?, Robert Abrams

Journal Publications

Texas has rights to Red River water pursuant to the Red River Compact, approved by all basin states and Congress. Texas wants to divert a portion of its allocation in Oklahoma, which has passed a statute banning the export of water. This case will decide (1) whether Texas’s compact rights include the right to divert water in Oklahoma, and (2) whether Oklahoma’s effort to prohibit that diversion violates the Dormant Commerce Clause.

Groundwater, Darcy S. Bushnell, Diego Urbina

Water Matters!

Since the late nineteenth century, New Mexicans have been developing the state’s groundwater resources. From hand-dug wells to proposed wells that could penetrate to 12,000 feet, residents have sought sources to supplement and replace surface water. The state relies upon groundwater to supply almost 50 percent of its needs.

As the population grows and drought intensifies, groundwater sources are tapped with increasing urgency. Limited steps are being taken to preserve groundwater through conservation, groundwater recharge, and regulation.

Community Water Systems, Joanne Hilton, Susan Kelly, Sarah Armstrong

Water Matters!

Apart from the major cities along the Rio Grande corridor, much of New Mexico remains relatively rural. Recent studies estimate a 2013population of around 2,085,500 statewide. In the state fiscal year 2011,about 1,836,000 people, or 88 percent of New Mexico’s population obtain their water from community water systems. Approximately 284,000 people, or about14 percent of the population, receive their drinking water from community water systems serving fewer than 5,000 people. As of 2012, there are 1,148 public water systems that provide drinking water in New Mexico. Of these systems, 593are community water systems; of these, 546 serve fewer than 5,000 …

The Rio Grande As An International River, Margaret J. Vick

Water Matters!

The Rio Grande is divided into two major river reaches and has different legal regimes for each. New Mexico is primarily concerned with the Rio Grande from the headwaters in Colorado to Ft. Quitman in Texas, a distance of approximately 670 miles. This section of the river is the subject of the1906 Rio Grande Convention (Treaty) between the United States and Mexico. The lower section of the Rio Grande from Ft. Quitman to the Gulf of Mexico is the subject of the 1944 Rivers Treaty between the United States and Mexico; the 1944 Rivers Treaty also includes the Colorado and …

World’S Worst Game Of Telephone: Attempting To Understand The Conversation Between Texas’S Legislature And Courts On Groundwater, Amy Hardberger

Faculty Articles

Texas has flourished in recent years, and its continued growth is predicated on access to groundwater resources. Texans have a long-standing dependence on groundwater, which accounts for 60% of all water withdrawn in the state. The State’s ability to provide sufficient groundwater resources depends on effective groundwater management.

Texas groundwater management has a long history of intertwined court decisions and legislation. The common law of groundwater was established by the Texas Supreme Court in accordance with the English common law right of capture. This rule was subsequently modified by the Legislature through the Conservation Amendment to the Texas Constitution, which …

Hitching Our Wagon To A Dim Star: Why Outmoded Water Codes And "Public Interest" Review Cannot Protect The Public Trust In Western Water Law, Michelle Bryan Mudd

Faculty Law Review Articles

This article examines the interrelationship between the public trust and water rights as it is emerging in western states.

Part I of this article describes the traditional public trust principles that apply to waters, as well as the modern judicial trend of extending those principles to water use permitting in the West.

Focusing on an area of particular concern in water codes, Part II analyzes the risky implications of supplanting the public trust doctrine with existing public interest review provisions.

Finally, Part III advances a water use permitting framework that better fulfills the states' public trust responsibilities. Drawing on the …

Improving Water Quality Antidegradation Policies, Sandra B. Zellmer, Robert L. Glicksman

Faculty Law Review Articles

No abstract provided.