Water Law

Description:

Professor Eckstein

This course explores legal schemes for securing, allocating, and managing water rights for public and private uses, and will address both fresh surface and ground water resources. Over the course of the semester, we will examine the riparian and prior appropriation doctrines; common law, state and federal statutory schemes and regulations for managing water use; and mechanisms for transboundary and interstate allocation of water. We will also consider social policy and the value (economic, social cultural, etc.) of water, as well as the science of hydrology and hydrogeology, as a basis for water law and for understanding overall water resources management and regulations.

You are expected to come to class prepared to discuss the materials assigned for that day. Class participation is strongly encouraged and will be considered in the assessment of grades. Class participation will be graded based on demonstrated knowledge of the subject, preparedness, and constructive participation in class discussion. As provided for in the Student Handbook, class presence, performance, and participation can result in raising or lowering of students’ grades by one letter increment (i.e., C+ to a C, or B+ to A-).

Professor Neuman

Limit: 50 students

Water law is the examination of principles of water allocation, including private rights to use surface and groundwater, and public rights to use water bodies. The course explores the riparian and prior appropriation doctrines, and the systems and procedures for controlling private use of water. Federal development, allocation and control of water, federal and Native American water rights, and mechanisms for interstate allocation of water are also covered. While the class touches on the need and mechanisms for addressing the water quality/water allocation interface, water quality regulation is not covered. Evaluation is by a series of papers that can be used to fulfill the "B" writing requirement and the environmental certificate requirement.