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The new edition adds dozens of recent decisions and key statutory changes. Virtually every principal case in the leading casebooks is cited or discussed, making it an excellent aid for students in any water law course. The revised book deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses. instream flow protection, federal water development, takings claims, and public interest concerns.
This book provides a brief historical overview of public land law in the United States and analyzes the constitutional basis for ownership and regulation of federal lands and natural resources. It covers the statutory basis for determining appropriate uses for federal lands and for assessment of the environmental impacts of activities on those lands. It also analyzes the rules governing planning and management of the water, mineral, timber, range, wildlife, recreation, and preservation resources on federal lands. Finally, it covers important recent public land law developments - in Congress, in the land management agencies, and in the courts.
The new edition adds dozens of recent decisions and key statutory changes. Virtually every principal case in the leading casebooks is cited or discussed, making it an excellent aid for students in any water law course. The revised book deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses, instream flow protection, federal water development, takings claims, and public interest concerns.
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
As the American Southwest faces its deepest drought in history, this book explores the provocative notion of “water bankruptcy” with a view towards emphasizing the diversity and complexity of water issues in this region. It bridges between the narratives of growth and the strategies or policies adopted to pursue competing agendas and circumvent the inevitable. A window of opportunity provided by this current long-term drought may be used to induce change by dealing with threats that derive from imbalances between growth patterns and available resources, the primary cause of scarcity. A first of its kind, this book was developed through close collaboration of a broad range of natural scientists, social scientists, and resource managers from Europe and United States. It constitutes a collective elaboration of a transdisciplinary approach to unveiling the inner workings of how water was fought for, allocated and used in the American Southwest, with a focus on Arizona. Specifically, it offers an innovative scientific perspective that produces a critical diagnostic evaluation of water management, with a particular view to identifying risks for the Tucson region that is facing continuous urban sprawl and economic growth. The book offers a diversity of complementary perspectives, including a statement of natural resources, biodiversity and their management, an analysis of water policy and its history, and a statement of ecosystem services in the context of both local biodiversity and also the economic activities that sustain economic growth. Finally, it presents a concerted effort to explore the interplay between a variety of related scientific disciplines and frameworks including climatology, hydrology, water management, ecosystem services, societal metabolism, political economy and social science.
It is zero hour for a new US water policy! At a time when many countries are adopting new national approaches to water management, the United States still has no cohesive federal policy, and water-related authorities are dispersed across more than 30 agencies. Here, at last, is a vision for what we as a nation need to do to manage our most vital resource. In this book, leading thinkers at world-class water research institution the Pacific Institute present clear and readable analysis and recommendations for a new federal water policy to confront our national and global challenges at a critical time. What exactly is at stake? In the 21st century, pressures on water resources in the United States are growing and conflicts among water users are worsening. Communities continue to struggle to meet water quality standards and to ensure that safe drinking water is available for all. And new challenges are arising as climate change and extreme events worsen, new water quality threats materialize, and financial constraints grow. Yet the United States has not stepped up with adequate leadership to address these problems. The inability of national policymakers to safeguard our water makes the United States increasingly vulnerable to serious disruptions of something most of us take for granted: affordable, reliable, and safe water. This book provides an independent assessment of water issues and water management in the United States, addressing emerging and persistent water challenges from the perspectives of science, public policy, environmental justice, economics, and law. With fascinating case studies and first-person accounts of what helps and hinders good water management, this is a clear-eyed look at what we need for a 21st century U.S. water policy.
Since the 1950s, the housing developments in the West that historian Lincoln Bramwell calls �wilderburbs� have offered residents both the pleasures of living in nature and the creature comforts of the suburbs. Remote from cities but still within commuting distance, nestled next to lakes and rivers or in forests and deserts, and often featuring spectacular views of public lands, wilderburbs celebrate the natural beauty of the American West and pose a vital threat to it. Wilderburbs tells the story of how roads and houses and water development have transformed the rural landscape in the West. Bramwell introduces readers to developers, homeowners, and government regulators, all of whom have faced unexpected environmental problems in designing and building wilderburb communities, including unpredictable water supplies, threats from wildfires, and encounters with wildlife. By looking at wilderburbs in the West, especially those in Utah, Colorado, and New Mexico, Bramwell uncovers the profound environmental consequences of Americans� desire to live in the wilderness.
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