Environmental Law articles from September 2006

Environmental Law archives from September 2006

The first half century of western water reform: have we kept faith with the rivers of the west?(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. WESTERN INSTREAM FLOWS: POLICY, PERCEPTION, AND REALITY A. The Water Project Reality B. The Progress of Water Reforms III. WORKING WITHIN THE FRAMEWORK OF INSTREAM RIGHTS LAW IV. FLEXIBILITY AND...

Sometimes a great notion: Oregon's instream flow experiments.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. THE OREGON WAY: THINGS LOOK DIFFERENT HERE II. OREGON'S EARLY NOTIONS OF INSTREAM FLOW PROTECTION III. THE STORY OF OREGON'S 1955 MINIMUM STREAMFLOW PROTECTIONS A. Prologue: Federal Water Policy and the Pelton Dam ...

The mirage of Indian reserved water rights and western streamflow restoration in the McCarran amendment era: a promise unfulfilled.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. THE KLAMATH TRIBES' RESERVED RIGHTS: TIME IMMEMORIAL PRIORITY AND A THIRTY-YEAR DELAY A. The Adair Cases: Recognition Without Water B. The Situation Today III. THE WIND/BIG HORN RIVER...

Perspectives from the field: a review of western instream flow issues and recommendations for a new water future.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... Water is the West's most precious resource. Water management, water law, and water policy in the West are at a crossroads. A hard look at instream flow issues and a serious commitment to finding lasting water solutions are critical to the...

The use of state instream flow laws for federal lands: respecting state control while meeting federal purposes.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. THE FUNDAMENTAL TENSION--STATE CONTROL OF WATER RESOURCES AND THE FEDERAL RESERVED WATER RIGHTS DOCTRINE III. WATER RIGHTS POLICIES: DEFINING THE FEDERAL RELATIONSHIP WITH STATE WATER LAWS IV....

"Adequate progress," or rivers left behind? Developments in Colorado and Wyoming instream flow laws since 2000.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. COLORADO AND WYOMING HAVE BOTH FOLLOWED THE TRADITIONAL WESTERN APPROACH TO INSTREAM FLOWS A. Basle Features of Colorado and Wyoming Instream Flow Statutes 1. Only State Agencies May Hold...

Instream flow protection and restoration: setting a new compass point.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION A. Water for Instream Values B. Out-of-Stream Uses C. Legal Protection for Instream Flows II. SURVEY OF STATE INSTREAM FLOW PROGRAMS A. Survey B. Survey Results 1....

ESA reductions in reclamation water contract deliveries: a Fifth Amendment taking of property?(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... Two United States Court of Federal Claims cases have given different answers to the question posed in the title of this article. One case found a per se physical taking of water users' property; the other ruled water users lacked property...

At the confluence: Oregon's instream water rights law in theory and practice.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. OREGON WATER LAW: FIRST IN TIME, FIRST IN RIGHT A. Instream Water Rights B. Nuts and Bolts: On the Ground Regulation of the Right to Use Water in Oregon C. The Mechanics of Leaving Water...

The row on the Ruby: state management of public trust resources, the right to exclude, and the future of recreational stream access in Montana.(Western Instream Flows: Fifty Years of Progress and Setbacks)
September 22, 2006... I. INTRODUCTION II. BACKGROUND A. Fishing As Way of Life and Means to Prosperity B. Illinois Central and the Emergence of the Public Trust Doctrine C. The Legacy of Illinois Central D. The Public Trust Doctrine...