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Water (generally)

Inefficient Efficiency: Crying Over Spilled Water

As the drought in western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less waterdemanding crops and state-of-the-art irrigation systems. However, these...

Green Infrastructure in Action: Examples, Lessons Learned, and Strategies for the Future

Municipal wastewater and stormwater utilities are increasingly incorporating green infrastructure (GI) into their wet-weather management plans. GI can be a cost-effective alternative for communities in lieu of traditional gray...

Crafting Collaborative Governance: Water Resources, California’s Delta Plan, and Audited Self-Management in New Zealand

Since the 1980s, water governance has increasingly been linked to institutions and laws that engage local actors and closely relate to local ecosystems and catchments. These approaches, referred to as collaborative water governance,...

Five Things to Consider When Developing and Adapting Water Policies and Programs in the West

Water policies and programs in the western United States have not always achieved the results originally envisioned. The surrounding circumstances, from public opinion and involvement to hydrology and administrative capacity,...

The Indian Supreme Court Promotes Interlinking of India's Rivers: Judicial Overreach?

The much-discussed and oft-criticized Indian interlinking of rivers project, initiated on its own motion by the Supreme Court of India (SC), will involve connecting 37 rivers in India through 30 links and 36 dams. The SC seems to have...

Sink or Swim: Abrogating the Nile Treaties While Upholding the Rule of Law

A shocking 80% of the Nile’s water is consumed by one country: Egypt. The upstream riparian countries threaten to encroach on Egypt’s share of water as recordbreaking populations, droughts, and famines generate ever-greater need. Indeed...

The Historical, Comparative, and Convergence Trifecta in International Water Law: A Mexico-U.S. Example

Doctrinal disconnects complicate adjudication of international water rights controversies. However, legal history and comparative law sources can fill gaps and build analogies to bridge differences in substantive law. Between Mexico and...

Is Water a Natural Resource in International Watercourses?

Resource managers, economists, and legal scholars consider water a natural resource. The fundamental tensions raised by the concept of international water management are legal, such as sharing water in international watercourses,...

Dirty Water: Lessons for Comparative Public Law and International Governance From Wastewater Regulation in the United States and Germany

A good deal can be learned from studying how Germany and the United States regulate the discharge of treated wastewater, but these lessons are not restricted to an enhanced understanding of one aspect of environmental protection....

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary,...