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This work discusses such topics as measurement and classification of water, riparianism, prior appropriation, drainage and diffused surface water, groundwater, public rights, accretion, embargos and interbasin transfers.
In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation's great legal philosophers. Nebraska holds a prominent position in the field of Native American legal history, and the state's original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won -- they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland. Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation's only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state's motto: "Equality Before the Law."
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.
Finalist for the National Book Award An intimate reckoning with aquifer depletion in America's heartland The Ogallala aquifer has nourished life on the American Great Plains for millennia. But less than a century of unsustainable irrigation farming has taxed much of the aquifer beyond repair. The imminent depletion of the Ogallala and other aquifers around the world is a defining planetary crisis of our times. Running Out offers a uniquely personal account of aquifer depletion and the deeper layers through which it gains meaning and force. Anthropologist Lucas Bessire journeyed back to western Kansas, where five generations of his family lived as irrigation farmers and ranchers, to try to make sense of this vital resource and its loss. His search for water across the drying High Plains brings the reader face to face with the stark realities of industrial agriculture, eroding democratic norms, and surreal interpretations of a looming disaster. Yet the destination is far from predictable, as the book seeks to move beyond the words and genres through which destruction is often known. Instead, this journey into the morass of eradication offers a series of unexpected discoveries about what it means to inherit the troubled legacies of the past and how we can take responsibility for a more inclusive, sustainable future. An urgent and unsettling meditation on environmental change, Running Out is a revelatory account of family, complicity, loss, and what it means to find your way back home.
2019 Choice Outstanding Academic Title The Ogallala aquifer, a vast underground water reserve extending from South Dakota through Texas, is the product of eons of accumulated glacial melts, ancient Rocky Mountain snowmelts, and rainfall, all percolating slowly through gravel beds hundreds of feet thick. Ogallala: Water for a Dry Land is an environmental history and historical geography that tells the story of human defiance and human commitment within the Ogallala region. It describes the Great Plains' natural resources, the history of settlement and dryland farming, and the remarkable irrigation technologies that have industrialized farming in the region. This newly updated third edition discusses three main issues: long-term drought and its implications, the efforts of several key groundwater management districts to regulate the aquifer, and T. Boone Pickens's failed effort to capture water from the aquifer to supply major Texas urban areas. This edition also describes the fierce independence of Texas ranchers and farmers who reject any governmental or bureaucratic intervention in their use of water, and it updates information about the impact of climate change on the aquifer and agriculture. Read Char Miller's article on theconversation.com to learn more about the Ogallala Aquifer.
The rich field of inter-state water law in the United States illustrates both successes and failures in transboundary water management and allocation. In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, this domestic field of transboundary water law is compared and contrasted with international transboundary water law. This analysis is accompanied by a discussion and evaluation of the different cases of shared watercourses that applied these approaches, and a comparison of each of them to similar approaches in international water law. The analysis draws lessons for international water law from inter-states water law - highlighting the successful inter-states approaches that can be adopted by international water law, as well as the approaches that failed, and which should be avoided.
Because water in the United State has not been traded in markets, there is no meaningful estimate of what it would cost if it were traded. But failing to establish ground water's valueâ€"for in situ uses such as sustaining wetlands as well as for extractive uses such as agricultureâ€"will lead to continued overuse and degradation of the nation's aquifers. In Valuing Ground Water an interdisciplinary committee integrates the latest economic, legal, and physical knowledge about ground water and methods for valuing this resource, making it comprehensible to decision-makers involved in Superfund cleanup efforts, local wellhead protection programs, water allocation, and other water-related management issues. Using the concept of total economic value, this volume provides a framework for calculating the economic value of ground water and evaluating tradeoffs between competing uses of it. Included are seven case studies where ground-water valuation has been or could be used in decisionmaking. The committee examines trends in ground-water management, factors that contribute to its value, and issues surrounding ground-water allocation and legal rights to its use. The book discusses economic valuation of natural resources and reviews several valuation methods. Presenting conclusions, recommendations, and research priorities, Valuing Ground Water will be of interest to those concerned about ground-water issues: policymakers, regulators, economists, attorneys, researchers, resource managers, and environmental advocates.
The tension between wildlife protection under the Endangered Species Act and water management in the Platte River Basin has existed for more than 25 years. The Platte River provides important habitat for migratory and breeding birds, including three endangered or threatened species: the whooping crane, the northern Great Plains population of the piping plover, and the interior least tern. The leading factors attributed to the decline of the cranes are historical overhunting and widespread habitat destruction and, for the plovers and terns, human interference during nesting and the loss of riverine nesting sites in open sandy areas that have been replaced with woodlands, sand and gravel mines, housing, and roadways. Extensive damming has disrupted passage of the endangered pallid sturgeon and resulted in less suitable habitat conditions such as cooler stream flows, less turbid waters, and inconsistent flow regimes. Commercial harvesting, now illegal, also contributed to the decline of the sturgeon. Endangered and Threatened Species of the Platte River addresses the habitat requirements for these federally protected species. The book further examines the scientific aspects of the U.S. Fish and Wildlife Service's instream-flow recommendations and habitat suitability guidelines and assesses the science concerning the connections among the physical systems of the river as they relate to species' habitats.