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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 next explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights for tribal and public lands, and interstate water management. The book then explores modern challenges and environmental ...
Over the past century, humans have molded the Colorado River to serve their own needs, resulting in significant impacts to the river and its ecosystems. Today, many scientists, public officials, and citizens hope to restore some of the lost resources in portions of the river and its surrounding lands. Environmental restoration on the scale of the Colorado River basin is immensely challenging; in addition to an almost overwhelming array of technical difficulties, it is fraught with perplexing questions about the appropriate goals of restoration and the extent to which environmental restoration must be balanced against environmental changes designed to promote and sustain human economic develo...
In 1992, at the United Nations Conference on Environment and Development in Rio de Janeiro, the nations of the world agreed to implement an ambitious plan for ecologically sustainable human development. This book is a comprehensive review of U.S. efforts to achieve such development since Rio. The U.S. has unquestionably begun to take steps toward sustainable development. Yet the nation is now far from being a sustainable society, and in many respects is farther away than it was in 1992. Nevertheless, legal and policy tools are available to put the U.S. on a direct path to sustainability. This book brings together 42 distinguished experts from a variety of backgrounds and academic disciplines. It is among the most thorough assessments ever conducted of U.S. law and policy concerning the environment.
Signed on November 24, 1922, the Colorado River Compact is the cornerstone of a proverbial pyramid—an elaborate body of laws colloquially called the “Law of the River” that governs how human beings use water from the river system dubbed the “American Nile.” No fewer than forty million people have come to rely on the Colorado River system in modern times—a river system immersed in an unprecedented, unrelenting megadrought for more than two decades. Attempting to navigate this “new normal,” policymakers are in the midst of negotiating new management rules for the river system, a process coinciding with the compact’s centennial that must be completed by 2026. Animated by this ...
It is unrealistic and unwise to believe that water law will or should govern land use decisions, or alternatively that land use planning and regulation will or should govern water management. Nonetheless, the initially unsettling question of whether one area of law and policy should control the other provokes discussion and reflection on both why and how we might move toward greater integration of land and water controls. Wet Growth: Should Water Law Control Land Use? was written as a means to disseminate new ideas about the land/water interface in law and policy and provides an overview of the relevant issues, current trends toward integrating land and water controls, and prospects for further progress. The authors of this book describe the nature and costs of our currently fragmented management of land and water resources that results in unsustainable practices and suggest principles that should guide and direct our response to these problems. Although they take differing perspectives, the authors share common, or at least overlapping, observations about the fragmentation and integration of land and water controls.
The Colorado River Basin’s importance cannot be overstated. Its living river system supplies water to roughly forty million people, contains Grand Canyon National Park, Bears Ears National Monument, and wide swaths of other public lands, and encompasses ancestral homelands of twenty-nine Native American tribes. John Wesley Powell, a one-armed Civil War veteran, explorer, scientist, and adept federal administrator, articulated a vision for Euro-American colonization of the “Arid Region” that has indelibly shaped the basin—a pattern that looms large not only in western history, but also in contemporary environmental and social policy. One hundred and fifty years after Powell’s epic 1...
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