Intended for a general audience, Water Law: Concepts & Insights provides both a general overview of basic water law doctrines and an exploration of how water law—the law and policies governing allocation of water—fit into broader ecological and environmental law issues. The book provides an overview of important hydrological principles before discussing the major state-law systems governing use of water in the United States—riparian law, prior appropriation, and specific groundwater doctrines. It then explores the federal government's interests in the fresh waters of the United States, ranging from protection of navigability to water infrastructure projects to reserved federal water rights. Putting the law governing water use into a broader context, Water Law: Concepts & Insights then explores the intersections of state water law with energy policy and production, water quality protections, endangered species protections, and broader watershed management. It ends by returning to the concept of water rights as protected private property rights and the complexities of constitutional "takings" litigation when environmental protections interfere with those rights.


Imprint: Foundation Press
Series: Concepts and Insights
Publication Date: 07/22/2024

Robin Kundis Craig, University of Kansas 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.