BIBFRAME Work

Title

Water law of the American West

Type

  • Monograph
  • Text

Contribution

Subject

Language

Illustrative Content

Classification

  • DDC: 343.7309/240978 (Assigner: dlc)
  • LCC: KF5571 .H43 2025 (Assigner: dlc) (Status: uba)

Content

Supplementary content

Summary

"Water law focuses on the development, allocation, use, and preservation of fresh water across and beneath the landscape. Its goal is to mediate interaction among humans seeking to use water and between humans and the water resource itself. The modern practice of water law requires not only an understanding of the judicial development of water law, but also the pervasive overlay of science-based agency administration, comprehensive water use statutory schemes, and adjudication. Similarly, because of the pervasive federal role in water resources development in the West, as well as the large amount of land and water owned by the United States and American Indian tribes, a modern water lawyer must understand that water law involves the interrelationship of three sovereigns: state, tribal, and federal government. Those entering the practice of water law today enter at a time when many water sources are fully appropriated, demand is increasing, and supply is less dependable due to climate change. Complicating matters, social values have shifted from solely viewing water as a commodity to be used and toward the recognition that instream (or "environmental") flows for a variety of purposes are an important water use. This book is designed to help students navigate this complex field of law. It also introduces the increasing role of diplomacy and development of novel solutions to solve modern water law problems. The co-authors hope that this approach will inspire a new generation of water law students to play a positive role in contemporary western water law"-- Provided by publisher.

Table of Contents

An Introduction to Hydrology and Western Water Use Systems -- The Challenge of Climate Change -- Water and society -- The Constitutional Basis for Western Water Law -- The Common Law Beginnings of State-Based Western Water Law -- Common Law Attributes of State-Based Water Rights- Diversion -- Common Law Attributes of State-Based Water Rights-Beneficial Use -- Common Law Attributes of State-Based Water Rights- Loss Through Non-Use -- State-Based Common Law of Groundwater -- The Common Law Basis for Reserved and Aboriginal Water Rights -- The Federal Common Law Attributes of Reserved Water Rights : Quantity, Future Use -- The Federal Common Law Attributes of Reserved Water Rights : Allotment and Priority -- The Federal Common Law Attributes of Reserved Water Rights : Groundwater -- Federal (Non-Indian) Reserved Water Rights -- The Commerce Clause : The Public Trust Doctrine and Public Rights -- The Commerce Clause : Federal Development -- Interstate water allocation -- International water law -- An Introduction to Administrative Law -- State permit systems -- State Regulation of Changes in an Existing Water Right -- State Statutory Changes to the Common Law -- A Systems Approach to Western Water : The Setting -- State Agency Process and the Role of the Judiciary in Priority Administration -- Water Rights Adjudication -- Reserved Water Rights in State Court Adjudication -- Reserved Water Rights : Litigation and Settlement -- Post-Adjudication Administration of Tribal Water Rights.

Authorized Access Point

Hedden-Nicely, Dylan R. Water law of the American West

Geographic Coverage

Admin Metadata

  • Date: 2026-09-11T20:11:17.233361+00:00
  • Agent: cbc
  • Status: c
  • Derived from: 23774363

Admin Metadata

  • Date: 2026-09-11
  • Cataloger id: Unknown
  • Description level: bibframe-2-6-0
  • Description language: eng
  • Description authentication: pcc

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