Water Law Commons^™

Protecting Our Natural Environment, Denise D. Fort

Faculty Scholarship

We don’t have a framework for protecting the ecological aspects of rivers and streams and that’s what I want to talk about today. We have failed to protect these natural values in our rivers, and my concern as we look toward the future is what sorts of steps Congress should take to stem further damage and to help us restore our rivers and streams.

My first point is that New Mexico should manage water demand rather than investing in large-scale water projects. My second recommendation and that is restoration. Restoration of the state’s rivers is something we had begun to …

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske

Natural Resources Journal

No abstract provided.

The Human Right To Water: Will Its Fulfillment Contribute To Environmental Degradation?, Alezah Trigueros

Indiana Journal of Global Legal Studies

Human rights and environmental protection are two often overlapping bodies of law, each of which by their nature seeks to take priority over other applicable law. For this reason, these two bodies of law often find themselves in tension with one another. This Note aims to illustrate the tension between human rights and environmental protection in the context of the recent push for a codified human right to water. My thesis is that ideally these two bodies of law should balance each other out-a human right to water would be subject to environmental safeguards, and, likewise, conservation efforts would be …

Agenda: A Low-Carbon Energy Blueprint For The American West, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Renewable And Sustainable Energy Institute, Western Resource Advocates, Rocky Mountain Research Station (Fort Collins, Colo.)

A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8)

The future of the planet may depend upon our ability to increase energy supplies even as we reduce carbon emissions. This conference will address how a low-carbon energy program might evolve with a particular focus on the American West. It will focus on the future of energy in the West--on a “managed transition” to a different energy mix, on the need to nest this effort in a framework that acknowledges interconnections, and on identifying the most salient opportunities to consider the legal, political, financial, and technical challenges.

Looking Forward: The Columbia River Treaty, A. Paul Firuz

Washington Journal of Environmental Law & Policy

Since 1964, the Columbia River Treaty has shaped the joint use of the Columbia River by the United States and Canada. The Treaty will be impervious to change until 2024, but either party may give notice of an intent to alter it as soon as 2014. Since the Treaty’s ratification, changes in United States domestic law have reflected a shift in attitude toward the environment and the Columbia River. These changes have impacted the Columbia River’s governance on the United States side of the border and though domestic law has evolved in response to environmental concerns, the Treaty has remained …

The Flood Control Regime Of The Columbia River Treaty: Before And After 2024, Nigel Bankes

Washington Journal of Environmental Law & Policy

This article examines the flood control rules established by the Columbia River Treaty and Protocol between Canada and the United States before and after 2024. The flood control operations change automatically in 2024. Part I discusses the flooding risks posed by the Columbia and Kootenay Rivers. Part II offers an account of the general international law pertaining to flood protection and in particular the duties that one basin state may owe to another. This section draws on the work of the International Law Commission which informed the adoption of the United Nations Convention on the Non-Navigational Uses of International Watercourses. …

Climate Change And The Columbia River Treaty, Rachael Paschal Osborn

Washington Journal of Environmental Law & Policy

The year 2014 is a key date for the potential re-negotiation of the Columbia River Treaty between the United States and Canada. The Treaty coordinates hydropower operations at 14 mainstem and multiple tributary dams, with the dual goals of maximizing flood control and electrical power generation. In 2024, either party may terminate, with ten years’ notice to the other. Regardless of termination, a key Treaty provision will change, requiring the United States to maximize use of its reservoirs before asking Canada to do the same, leading to deeper drawdowns in Grand Coulee’s Lake Roosevelt and other major reservoirs and potential …

American Indian Water Right Settlements, Darcy Bushnell

Publications

No abstract provided.

(When) Does A Contract Claim Trump A Takings Claim? Lessons From The Water Wars, David W. Spohr

Washington Journal of Environmental Law & Policy

As in other river basins, the disparity in the Columbia is growing between ever-expanding water demands and ever-shrinking water availability. Looming near the forefront of decisions on how to manage such waters is the potential liability the government faces if it reduces water distributions to further environmental objectives. While recent cases raise fascinating takings and contract issues, the most interesting issue may be the intersection of the available remedies. Does the contractual relationship between an aggrieved water user and the government preclude a takings claim, even where the contract claim ultimately fails? On one end of the spectrum, courts have …

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …

New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer

Publications

No abstract provided.

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

The Human Right To Water And Sanitation: From Political Commitments To Customary Rule?, Gonzalo Aguilar Cavallo

Pace International Law Review Online Companion

The human right to water and sanitation is not explicitly recognized in the International Bill of Human Rights. Some scholars deny the legal existence of this right. However, over the last three decades, a number of legal recognitions of certain aspects of this right in specific universal and regional human rights treaties have allowed scholars to evidence the existence of the legal right to water and sanitation. In addition, an increasing number of high level international documents and declarations explicitly recognize the existence of this right, as reflected in declarations of the European Union and the General Assembly of the …

Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold

Pepperdine Law Review

The privatization of public water services in the United States has grown dramatically in recent years in response to political and ideological interest in privatizing public services, arguments about economic efficiencies, and the realities of overwhelming public costs related to water quality standards, infrastructure upgrade needs, and operational complexities. Many states have expressly enacted statutes authorizing municipalities to transfer services, operation and management, and even ownership of public water systems to private firms. This article systematically evaluates the status of water privatization in the U.S., the legal authority for privatization and its limits, and the most common and significant issues …

Alternative Strategies For Addressing The Presence And Effects Of Pharmaceutical And Personal Care Products In Fresh Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent years, new information has arisen to challenge this assumption. Chemicals from a wide variety of pharmaceutical and personal care products ("PPCPs"), their byproducts and endocrine disrupting compounds ("EDCs") have received growing attention from the water treatment and wastewater treatment community because of the ability of PPCPs to persist, or only partially degrade, in water and during wastewater treatment.

Several federal agencies, including the EnvironmentAl Protection Agency ("EPA"), the Food and Drug Administration ("FDA"), the U.S. Department of Agriculture ("USDA"), the U.S. Geological Survey ("USGS"), and the Centers for Disease Control and Prevention ("CDC"), have the potential to be …

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.

The Practice Of Disaster Law, Clifford J. Villa

Faculty Scholarship

9/11…Katrina…the BP Oil Spill…Few of us probably want to say that our primary practice area is “Disaster Law,” but the reality is that it is an increasingly potent area of focus for many law firms. Clifford Villa tells us that 2011 was an unprecedented year for disasters in the United States, and unfortunately, like death and taxes—it likely will continue to grow.

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.