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To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Softbound - New, softbound print book.
The question of whether the earth's climate is changing in some significant human-induced way remains a matter of much debate. But the fact that climate is variable over time is well known. These two elements of climatic uncertainty affect water resources planning and management in the American West. Managing Water Resources in the West Under Conditions of Climate Uncertainty examines the scientific basis for predictions of climate change, the implications of climate uncertainty for water resources management, and the management options available for responding to climate variability and potential climate change.
Water and Power in West Maui draws our attention to the ways control of water resources, in West Maui and across Hawai'i, has been key to the creation and perpetuation of political and economic power and privilege. This volume, by two leading advocates for progressive change in Hawai'i, highlights what has been only touched on by previous volumes on water law or land tenure in the islands, and with specific attention to the environment, history, and communities of West Maui. Individually, chapters on physical and legal infrastructure are invaluable stand-alone guides to key aspects of water management in the state and this area. For instance, one chapter covers recent efforts by the state to restore stream flows, a topic that is otherwise little addressed in published literature. This volume also dives into the inherent failures and unsustainability of the state of Hawai'i's management of groundwater by "sustainable yield," which will have profound implications for the future of Hawai'i water supplies in a changing climate. As a whole, with clear explanations of historical transformation and ongoing bureaucratic practice, the authors identify liberating paths forward. Rather than another treatise on how past bad practices set up a beleaguered present, they suggest how water and power in West Maui and Hawai'i can be better shared for an enduring prosperity for the diverse people within these communities. This volume will be of interest to scholars and historians, and a must-read for practitioners in water management and control, and contemporary environmental and indigenous struggles in Hawai'i and the Pacific.
The 28-page Layperson's Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights. It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary.