Western Water Law
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Author | : P. Andrew Jones |
Publisher | : University Press of Colorado |
Total Pages | : 297 |
Release | : 2009-04-30 |
Genre | : Law |
ISBN | : 0870819690 |
Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future. This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.
Author | : Douglas R. Littlefield |
Publisher | : University of Oklahoma Press |
Total Pages | : 405 |
Release | : 2020-03-19 |
Genre | : Technology & Engineering |
ISBN | : 0806166746 |
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.
Author | : Bonnie G. Colby |
Publisher | : University of Arizona Press |
Total Pages | : 220 |
Release | : 2005-05 |
Genre | : Social Science |
ISBN | : 9780816524556 |
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
Author | : Wells A. Hutchins |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 2290 |
Release | : 2004 |
Genre | : Water rights |
ISBN | : 1584774142 |
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.
Author | : Patricia Mulroy |
Publisher | : Rowman & Littlefield |
Total Pages | : 210 |
Release | : 2017 |
Genre | : Nature |
ISBN | : 0815727844 |
Climate change: a strategic opportunity for water managers? / Kathy Jacobs and Paul Fleming -- The delta : resolving California's water conundrum / Pat Mulroy -- The San Diego strategy : a sea change in western water / Maureen A. Stapleton -- The Colorado River story / Jim Lochhead and Pat Mulroy -- Why examine Nebraska's water governance framework? / Ann Bleed -- Harnessing hydrogeological analysis to improve groundwater management across the American West / Burke W. Griggs and James J. Butler Jr -- Southeast Florida : ground zero for sea level rise / Doug Yoder -- Finding the balance : developing resilient, sustainable water and wastewater systems in New York City / Alan Cohn, Angela Licata, and Emily Lloyd
Author | : Tom Hicks |
Publisher | : |
Total Pages | : 28 |
Release | : 2013-12-10 |
Genre | : Water |
ISBN | : 9781619480094 |
The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.
Author | : Eric P. Perramond |
Publisher | : Univ of California Press |
Total Pages | : 254 |
Release | : 2018-11-06 |
Genre | : Social Science |
ISBN | : 0520971124 |
In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.
Author | : Joseph L. Sax |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Water |
ISBN | : 9780314163141 |
Legal Control of Water Resources highlights the cutting edge issues of water law, while providing a comprehensive survey of the field. The book has been thoroughly updated major water marketing developments. There is extended coverage of ongoing efforts to settle Indian water rights claims. Finally, the new edition will include revised introductory materials on topics such as climate change and desalination developments. to reflect major new court decisions and legislation. The Fourth Edition deals with cutting-edge issues such as interstate water disputes on the Great Lakes, the Rio Grande, and in the Southeastern United States. New material has been added on water and urban growth management, environment/property rights conflicts, and
Author | : Heather Hansman |
Publisher | : University of Chicago Press |
Total Pages | : 232 |
Release | : 2019-03-19 |
Genre | : Nature |
ISBN | : 022643267X |
Award-winning journalist rafts down the Green River, revealing a multifaceted look at the present and future of water in the American West. The Green River, the most significant tributary of the Colorado River, runs 730 miles from the glaciers of Wyoming to the desert canyons of Utah. Over its course, it meanders through ranches, cities, national parks, endangered fish habitats, and some of the most significant natural gas fields in the country, as it provides water for 33 million people. Stopped up by dams, slaked off by irrigation, and dried up by cities, the Green is crucial, overused, and at-risk, now more than ever. Fights over the river’s water, and what’s going to happen to it in the future, are longstanding, intractable, and only getting worse as the West gets hotter and drier and more people depend on the river with each passing year. As a former raft guide and an environmental reporter, Heather Hansman knew these fights were happening, but she felt driven to see them from a different perspective—from the river itself. So she set out on a journey, in a one-person inflatable pack raft, to paddle the river from source to confluence and see what the experience might teach her. Mixing lyrical accounts of quiet paddling through breathtaking beauty with nights spent camping solo and lively discussions with farmers, city officials, and other people met along the way, Downriver is the story of that journey, a foray into the present—and future—of water in the West.
Author | : David Schorr |
Publisher | : Yale University Press |
Total Pages | : 287 |
Release | : 2012-11-27 |
Genre | : Law |
ISBN | : 0300189044 |
DIV Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice. /div