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Author: James H. Davenport Publisher: McFarland ISBN: 1476681201 Category : History Languages : en Pages : 298
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: Roxanne Thomas Publisher: ISBN: 9781585761197 Category : Water Languages : en Pages : 77
Book Description
In June 2006 the Supreme Court, in a decision that split 4-1-4, produced a result in Rapanos v. United States that makes federal Clean Water Act jurisdiction over the wetlands, streams, and other waters of the United States confusing and uncertain for citizens, landowners, and regulators alike. Members of Congress have introduced new legislation to restore jurisdiction over many of the waters cast into doubt by the decision; and the Environmental Protection Agency and Army Corps of Engineers (the federal regulatory agencies) issued a joint guidance document in June 2007 attempting to guide their respective staffs. Numerous federal courts have attempted to apply the uncertain teachings of Rapanos as well. With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, the Environmental Law Institute has prepared a handbook that analyzes the case law, compiles the relevant scientific studies, and provides a set of jurisdictional checklists. The Handbook will assist anyone faced with a jurisdictional question involving a wetland or stream to understand what factors will allow them to find Clean Water Act jurisdiction.
Author: National Research Council Publisher: National Academies Press ISBN: 0309170761 Category : Science Languages : en Pages : 158
Book Description
In the quest to reduce costs and improve the efficiency of water and wastewater services, many communities in the United States are exploring the potential advantages of privatization of those services. Unlike other utility services, local governments have generally assumed responsibility for providing water services. Privatization of such services can include the outright sale of system assets, or various forms of public-private partnershipsâ€"from the simple provision of supplies and services, to private design construction and operation of treatment plants and distribution systems. Many factors are contributing to the growing interest in the privatization of water services. Higher operating costs, more stringent federal water quality and waste effluent standards, greater customer demands for quality and reliability, and an aging water delivery and wastewater collection and treatment infrastructure are all challenging municipalities that may be short of funds or technical capabilities. For municipalities with limited capacities to meet these challenges, privatization can be a viable alternative. Privatization of Water Services evaluates the fiscal and policy implications of privatization, scenarios in which privatization works best, and the efficiencies that may be gained by contracting with private water utilities.
Author: Jack L. August (Jr.) Publisher: ISBN: Category : Arizona Languages : en Pages : 200
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: Eric P. Perramond Publisher: Univ of California Press ISBN: 0520971124 Category : Social Science Languages : en Pages : 254
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.