Water Law

Robin Kundis Craig, University of Southern California Gould School of Law

Robert W. Adler, University of Utah College of Law

Noah D. Hall, Wayne State University Law School

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• New material on the emerging recognition of a human right to water.
• New material regarding the effects of increased global water demand on human welfare, security, and other domestic and global issues, based on new reports produced by the Office of the Director of National Intelligence and the United Nations Educational, Scientific and Cultural Organization (UNESCO).
• Updates on climate change and water resources.
• New federal cases on due process rights involving safe drinking water in the wake of the Flint water crisis.
• New coverage and caselaw regarding colonialization and water use by Native American Tribes.
• New developments in state water use administration and permitting.
• New caselaw regarding compensation for the loss property rights connected to water resources.
• New Congressional amendments to the National Environmental Policy Act affecting water development and infrastructure.
• Developments in interstate and international management of numerous rivers and watersheds, including the Colorado River, the Columbia River, the Klamath River, the Snake River, and Chesapeake Bay.
• New leading U.S. Supreme Court precedent on the prerequisites to obtaining equitable apportionment between states.
• New leading U.S. Supreme Court precedent that the equitable apportionment doctrine controls original jurisdiction disputes over groundwater.
• New information on water withdrawals for thermoelectric generation and impacts of energy generation on water resources.
• Updates on desalination as a rapidly increasing source of water, particularly in water-strapped but energy-rich parts of the world like the Middle East.
• New coverage of carbon capture and sequestration technologies in energy generation.
• New coverage of emerging pollutants such as PFAs within the water quality regulation regime.
• New leading U.S. Supreme Court precedent regarding federal jurisdiction over wetlands as “Waters of the United States” under the Clean Water Act.
• New developments implementing the Endangered Species Act in numerous watersheds.
• Coverage of new state legislation to promote the transfer of water rights to support instream flows.

Learn more about this series.