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Author: James H. Davenport
Publisher: McFarland
ISBN: 1476641471
Category : History
Languages : en
Pages : 298
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Book Description
Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.
Author: James H. Davenport
Publisher: McFarland
ISBN: 1476641471
Category : History
Languages : en
Pages : 298
Get Book Here
Book Description
Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California. The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.
Author: Lloyd Burton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
Burton dissects the irreconcilable conflict of interest within the Interior Department (between the Bureau of Reclamation and the Bureau of Indian Affairs). He also examines the methods of managing disputes in contemporary cases and offers original policy recommendations that include establishing an Indian Water Rights Commission to help with the paradoxical task now facing the federal government--restoring to tribes the water resources it earlier helped give away.
Author: Joseph L. Sax
Publisher: West Academic Publishing
ISBN: 9780314163141
Category : Water
Languages : en
Pages : 0
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Book Description
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:
Publisher:
ISBN:
Category : Water transfer
Languages : en
Pages : 0
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Book Description
Author: Jack L. August (Jr.)
Publisher:
ISBN:
Category : Arizona
Languages : en
Pages : 200
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Book Description
Tells how Mark Wilmer, an Arizona lawyer, fashioned the successful arguments that won the Supreme Court case securing Arizona's allottment of Colorado River water.
Author: P. Andrew Jones
Publisher: University Press of Colorado
ISBN: 0870819690
Category : Law
Languages : en
Pages : 297
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Book Description
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: Sandra Postel
Publisher: Island Press
ISBN: 1610917901
Category : Nature
Languages : en
Pages : 338
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Book Description
"Nothing is more important to life than water, and no one knows water better than Sandra Postel. Replenish is a wise, sobering, but ultimately hopeful book." --Elizabeth Kolbert "Remarkable." --New York Times Book Review "Clear-eyed treatise...Postel makes her case eloquently." --Booklist, starred review "An informative, purposeful argument." --Kirkus We spend billions of dollars on irrigation, dams, sanitation plants, and other feats of engineering to control water for our own prosperity. What if the answer was not control, but replenishment? Sandra Postel takes readers around the world to explore water projects that work with, rather than against, nature's rhythms. Forest rehabilitation is safeguarding drinking water, farmers are planting cover crops to reduce polluted runoff, and "sponge cities" are capturing rainwater to curb urban flooding. Postel argues that efforts like these will be essential as we adjust to a hotter, wilder climate. Will we continue to fight the water cycle, endangering ourselves and the planet, or recognize our place in it and take advantage of the inherent services nature offers?
Author: Stephen R. Brown (Bryan, Michelle L., McElyea, Russ)
Publisher:
ISBN: 9781943497430
Category : Riparian rights
Languages : en
Pages : 338
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Book Description
Author: Eric P. Perramond
Publisher: Univ of California Press
ISBN: 0520971124
Category : Social Science
Languages : en
Pages : 254
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Book Description
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: Douglas R. Littlefield
Publisher: University of Oklahoma Press
ISBN: 0806166746
Category : Technology & Engineering
Languages : en
Pages : 405
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Book Description
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.
