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Water Rights
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each. Types of water right Understanding ‘Water Rights’ first requires consideration of the context and origin of the ‘right’ being discussed, or asserted. Traditionally, a water rights refers to the utilization of water as an element supporting basic human needs like drinking or irrigation. Water Rights could also include the physical occupancy of waterways for purposes of travel, commerce and even recreational pursuits. The legal principles and doctrines that forms the basis o ...
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Water Law
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from Water quality law, laws governing water quality. Waters subject to regulation Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to: *Surface waters—lakes, rivers, streams, oceans, and wetlands; *Surface runoff—generally water that flows across the land from rain, floodwaters, and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans; *Groundwater—particularly water present in aquifers. History The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and ...
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Navigable Servitude
Navigable servitude is a legal doctrine, doctrine in United States constitutional law that gives the federal government of the United States, federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article One of the United States Constitution, Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude. The Commerce Clause gives Congress the power to regulate "commerce ... among the several states." In ''Gibbons v. Ogden'' (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable waterways, which were an important hub of transportation in the early years of the Republic. Although the Supreme Court recognizes Federal control over navigable waterways is absolute, see Phillips Petrol v. Mississippi, 484 US 469,480 (1988), the public interest is not absolute, Dardar v. Lafourche Realty Co., Inc., 55 F.3d 1082 (5th Cir.1995). The government ha ...
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Water Law
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from Water quality law, laws governing water quality. Waters subject to regulation Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to: *Surface waters—lakes, rivers, streams, oceans, and wetlands; *Surface runoff—generally water that flows across the land from rain, floodwaters, and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans; *Groundwater—particularly water present in aquifers. History The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and ...
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Water Conflict
Water conflict is a term describing a conflict between countries, states, or groups over water the rights to access water resources. The United Nations recognizes that water disputes result from opposing interests of water users, public or private. A wide range of water conflicts appear throughout history, though rarely are traditional wars waged over water alone. Instead, water has historically been a source of tension and a factor in conflicts that start for other reasons. Water conflicts arise for several reasons, including territorial disputes, a fight for resources, and strategic advantage. Water conflicts can occur on the intrastate and interstate levels. Interstate conflicts occur between two or more neighboring countries that share a transboundary water source, such as a river, sea, or groundwater basin. For example, the Middle East has only 1% of the world's freshwater shared among 5% of the world's population. Intrastate conflicts take place between two or more parties i ...
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Rio Grande Border Disputes
The Rio Grande (Río Bravo del Norte) has changed course several times in recorded history, leading to a number of border disputes and uncertainties, both international (involving Mexico and the United States) and between individual U.S. states: *The Country Club Dispute was a dispute between Texas and New Mexico. The U.S. Supreme Court resolved this dispute in 1927. *The Chamizal dispute was a border conflict over a parcel of land between El Paso, Texas, and Ciudad Juárez, Chihuahua. The dispute was resolved by Chamizal settlement in 1963. *The Ojinaga Cut was a disputed parcel of land between Presidio, Texas, and Ojinaga, Chihuahua. The dispute was resolved by the Boundary Treaty of 1970. *The Horcón Tract was a parcel of land surrounded by an oxbow bend of the Rio Grande, including the village of Rio Rico, Texas, that inadvertently defaulted to Mexican administration with the passage of time after an irrigation company in 1906 dug an unapproved cut across the oxbow to ...
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Human Right To Water And Sanitation
The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ''ius cogens'' and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination ...
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Permanent Water Rights (Alberta)
Permanent water rights, within the Canadian province of Alberta, are rights acquired from the crown that give the holder rights to use a body of water Water (chemical formula ) is an inorganic, transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as a ... for a specified purpose and for an indefinite time. Alberta law Water law Water in Canada {{Alberta-stub ...
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Optimum Water Content For Tillage
The optimum water content for tillage (OPT) is defined as the moisture content of soil at which tillage produces the largest number of small aggregates. Overview The Optimum Water Content of soil is the water content at which a maximum dry unit weight can be achieved after a given compaction effort. A max dry unit weight would have no voids in the soil. If you were trying to compact a hard dry soil to make it more dense, you might want to get it wet. The OPT is the water content of the soil in which you could compact it the most. If there is too much water you would have too much pore water pressure during compression to compact any further. If there is too little water the soil would naturally resist compaction via shear strength/friction/effective stress. The determination of the OPT is important because if tillage is carried out on fields that are wetter or drier than the OPT many problems can be caused, including soil structural damage, through the production of large clods, a ...
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Grazing Rights
Grazing rights is the right of a user to allow their livestock to feed (graze) in a given area. United States Grazing rights have never been codified in United States law, because such common-law rights derive from the English concept of the commons, a piece of land over which people, often neighboring landowners, could exercise one of a number of such traditional rights, including livestock grazing. Prior to the 19th century, the traditional practice of grazing the open range in the United States was rarely disputed because of the sheer amount of unsettled open land. However, as the population of the western United States increased in the mid-to-late 19th century, range wars often erupted over the ranchers' perceived rights to graze their cattle as the western range deteriorated with overuse. In 1934, the Taylor Grazing Act formally set out the federal government's powers and policy on grazing federal lands in the Western United States by establishing the Division of Grazin ...
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Colorado River Water Conservation District V
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulysses S. ...
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California State Water Resources Control Board
The California State Water Resources Control Board (SWRCB) is one of six branches of the California Environmental Protection Agency. History This regulatory program has had the status of an official government department since the 1950s. The State Water Pollution Control Board, as well as 9 regional boards, were established by the Dickey Water Pollution Act of 1949. The board was renamed to the State Water Quality Control Board by an Act of 1963. The State Water Resources Control Board was established from the State Water Quality Control Board and the State Water Rights Board by an Act of 1967. California's pioneering clean water act is the 1969 Porter-Cologne Water Quality Control Act (Porter-Cologne Act). Through the Porter-Cologne Act, the State Water Board and the Regional Water Boards have been entrusted with broad duties and powers to preserve and enhance all beneficial uses of the state's immensely complex waterscape. The Porter-Cologne Act is recognized as one of the nati ...
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Drainage Law
Drainage law is a specific area of water law related to drainage of surface water on real property. It is particularly important in areas where freshwater is scarce, flooding is common, or water is in high demand for agricultural or commercial purposes. In the United States In the United States, regulation of drainage is typically done on the state and local level. In addition to whatever statutes or local ordinances may be in effect in a given locality, there are three basic legal doctrines which the various state courts recognize. In the state of Michigan, drainage law is so important that counties elect a drain commissioner to oversee water resources. Common enemy doctrine The common enemy doctrine is a rule derived from English common law. It holds that since surface water is a "common enemy" to landowners, each landowner has the right to alter the drainage pattern of his land (for example by building dikes or drainage channels) without regard for the effects on neighbori ...
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