Download or read book Modern Water Law written by Robert W. Adler and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights, and interstate water management. The book also introduces modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.
Download or read book A History of Water Rights at Common Law written by Joshua Getzler and published by Oxford Studies in Modern Legal. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Download or read book California Water Law and Policy written by Scott S. Slater and published by Butterworth Legal Publishers. This book was released on 2010 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book All the Water the Law Allows written by Christian S. Harrison and published by University of Oklahoma Press. This book was released on 2021-08-12 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the population of the greater Las Vegas area grows and the climate warms, the threat of a water shortage looms over southern Nevada. But as Christian S. Harrison demonstrates in All the Water the Law Allows, the threat of shortage arises not from the local environment but from the American legal system, specifically the Law of the River that governs water allocation from the Colorado River. In this political and legal history of the Las Vegas water supply, Harrison focuses on the creation and actions of the Southern Nevada Water Authority (SNWA) to tell a story with profound implications and important lessons for water politics and natural resource policy in the twenty-first century. In the state with the smallest allocation of the Colorado’s water supply, Las Vegas faces the twin challenges of aridity and federal law to obtain water for its ever-expanding population. All the Water the Law Allows describes how the impending threat of shortage in the 1980s compelled the five metropolitan water agencies of greater Las Vegas to unify into a single entity. Harrison relates the circumstances of the SNWA’s evolution and reveals how the unification of local, county, and state interests allowed the compact to address regional water policy with greater force and focus than any of its peers in the Colorado River Basin. Most notably, the SNWA has mapped conservation plans that have drastically reduced local water consumption; and, in the interstate realm, it has been at the center of groundbreaking, water-sharing agreements. Yet these achievements do not challenge the fundamental primacy of the Law of the River. If current trends continue and the Basin States are compelled to reassess the river’s distribution, the SNWA will be a force and a model for the Basin as a whole.
Download or read book Ruling the Waters written by Douglas R. Littlefield and published by University of Oklahoma Press. This book was released on 2020-03-19 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Europeans first arrived at what is now California’s San Joaquin Valley, they found a vast landscape of wetlands, small ponds, riparian forests, and grasslands surrounding three large swampland lakes. What greets a visitor to the region today is a dramatically different view of mile after mile of row crops, vineyards, orchards, and grazing acreage—some of the most fertile and productive agricultural land in the world. This remarkable transformation, with its enduring consequences, is at the center of Ruling the Waters, a legal, social, and environmental history of how western water law shaped, and was shaped by, the subjugation of the largest freshwater wetlands wildlife habitat in the West. At the heart of efforts to wrest arable land from the region was the Kern River, which rises in the Sierra Nevada and carries snowmelt to what was once a great network of lakes, sloughs, and marshes at the southern end of California’s Central Valley. In Ruling the Waters Douglas R. Littlefield describes how, over the course of the nineteenth and early twentieth centuries, pioneers and entrepreneurs diverted water out of this network of waterways to extract gold in the mountains and irrigate farms lower down the river, and how the law was made to accommodate these practices. Struggles over the Kern River’s water established one of the most important concepts in water law in some parts of the United States—that prior appropriation, dependent on the chronological order of diversions from waterways, could legally coexist with riparian rights, which restrict water usage to landownership directly next to a river or stream. Littlefield traces this concept to the 1886 California Supreme Court case of Lux v. Haggin—which pitted the giant farming and cattle company of Miller & Lux against a prominent land baron, James B. Haggin—and shows how the lawsuit profoundly shaped future waters issues, which in turn influenced water laws in other western states that were grappling with similar questions. Far from a dry legal history, Ruling the Waters tells a story with world-wide historical environmental ramifications, a tale of competing personalities and values and visions that forever changed both the economy and the ecology of the American West.
Download or read book A Casebook on Roman Water Law written by Cynthia Jordan Bannon and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging study of key issues in Roman water regulation from legal and environmental history, both ancient and modern
Download or read book Modern Water Rights written by Stephen Hodgson and published by Food & Agriculture Org.. This book was released on 2006 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vital importance of water to human activity is such that most societies and cultures have sought to establish legal rules over its use and allocation. In most jurisdictions legal rights to water have been linked to land tenure and ownership rights. A number of countries have recently undertaken substantive water law reforms, usually involving the introduction of formal and explicit water rights that clearly specify the volume of water that is subject to each right ("modern water rights"), together with institutional arrangements for their allocation, registration, monitoring and enforcement. Modern water rights are not intrinsically tied to specific land plots, are often transferable and available to be traded on a temporary or permament basis. This book reviews international experiences of the introduction and use of modern water rights. It is based on a survey of relevant primary and secondary legislation, published literature, internet sources and practical experience.
Download or read book The Evolution of the Law and Politics of Water written by Joseph W. Dellapenna and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.
Download or read book Out of the Mainstream written by Rutgerd Boelens and published by Earthscan. This book was released on 2010 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.
Download or read book Open for Business written by Judith A. Layzer and published by MIT Press. This book was released on 2012-11-02 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed analysis of the policy effects of conservatives' decades-long effort to dismantle the federal regulatory framework for environmental protection. Since the 1970s, conservative activists have invoked free markets and distrust of the federal government as part of a concerted effort to roll back environmental regulations. They have promoted a powerful antiregulatory storyline to counter environmentalists' scenario of a fragile earth in need of protection, mobilized grassroots opposition, and mounted creative legal challenges to environmental laws. But what has been the impact of all this activity on policy? In this book, Judith Layzer offers a detailed and systematic analysis of conservatives' prolonged campaign to dismantle the federal regulatory framework for environmental protection. Examining conservatives' influence from the Nixon era to the Obama administration, Layzer describes a set of increasingly sophisticated tactics—including the depiction of environmentalists as extremist elitists, a growing reliance on right-wing think tanks and media outlets, the cultivation of sympathetic litigators and judges, and the use of environmentally friendly language to describe potentially harmful activities. She argues that although conservatives have failed to repeal or revamp any of the nation's environmental statutes, they have influenced the implementation of those laws in ways that increase the risks we face, prevented or delayed action on newly recognized problems, and altered the way Americans think about environmental problems and their solutions. Layzer's analysis sheds light not only on the politics of environmental protection but also, more generally, on the interaction between ideas and institutions in the development of policy.
Download or read book Water Law written by Robin Kundis Craig and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Water Law and Cooperation in the Euphrates Tigris Region written by Aysegul Kibaroglu and published by Martinus Nijhoff Publishers. This book was released on 2013-08-22 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach builds on the increased attention for international water governance questions in the UN International Year of Water Cooperation (2013) to evaluate various management issues related to the Euphrates and Tigris rivers, with particular attention to the legal governing framework. Alongside contributions by legal scholars from the respective riparian countries on the national water law, the book offers a unique interdisciplinary perspective on political, hydrological and environmental aspects of water management in the region. Additionally, the overall legal implications of water sharing and water resource management are addressed analyzed, in a critical overview. Finally, Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach serves as a comprehensive analysis of modern water law in its inclusion of comparative studies of legal and institutional aspects of water management systems in other international river basins. Legal scholars, political scientists, specialists in conflict resolution, economists and policy-makers will find an essential new work in Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach.
Download or read book Water Resource Management and the Law written by Erkki J. Hollo and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context.
Download or read book Water Rights Laws in the Nineteen Western States written by Wells A. Hutchins and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 2290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.
Download or read book Water Policy in Spain written by Alberto Garrido and published by CRC Press. This book was released on 2009-08-11 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the modern Spanish State was formed in the mid Fifteenth Century, historical records show that water works, statues, and the utilization of water dates back to centuries BC. As a semi-arid country, the effort to control, store and assure water supplies to cities and fields is present in numerous historical and political landmarks.Water polic
Download or read book Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2021-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
Download or read book Water in the Hispanic Southwest written by Michael C. Meyer and published by University of Arizona Press. This book was released on 1996-06 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Spanish conquistadores marched north from Mexico's interior, they encountered one harsh reality that eclipsed all others: the importance of water in an arid land. Covering a time when legal precedents were being set for many water rights laws, this study contributes much to an understanding of the modern Southwest, especially disputes involving Indian water rights. The paperback edition includes a new afterword by the author which discusses the results of recent research.
