Cases and Materials on Water Law

Jennifer L. Harder, University of Pacific School of Law

Bennett L. Bearden

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Table of Contents

Users of prior editions of this casebook will find the overall structure familiar; like preceding editions, the Eleventh Edition is a traditional casebook built around cases, statutes, regulations, and notes. In this edition, every chapter has been reviewed and updated for accuracy, currency, organization, and teaching effectiveness. The Eleventh Edition incorporates significant developments in water law over the past decade, streamlines and modernizes the notes, and more fully integrates contemporary issues. New and revised introductory materials provide students with clearer conceptual frameworks for understanding both enduring doctrine and modern water governance. Throughout the book, notes have been streamlined to reduce lengthy string citations and emphasize teaching value. Likewise, principal cases and authorities have been updated to reflect important recent developments, and materials have been reorganized to improve doctrinal progression and student understanding.

• Chapter 1, Introduction to Water Law. This chapter has been revised to provide a contemporary framework for the study of water law while retaining its classic foundational readings. New materials introduce hydrologic interconnectedness, watershed-scale management, climate adaptation, ecosystem protection, water measurement and reporting, and the role of regulatory institutions alongside traditional water rights doctrines.
• Chapter 2, Prior Appropriation. This chapter has been streamlined to emphasize foundational concepts and important doctrinal developments. New principal cases address beneficial use, administration and enforcement of water rights during drought, and changes and transfers, while revised notes address contemporary developments in water rights administration, adjudication, planning, and environmental water management.
• Chapter 3, Riparian Rights. This chapter has been streamlined and updated to reflect recent developments in riparian law. The revisions include a new principal case addressing riparian rights and ownership, updated treatment of the Florida-Georgia interstate litigation, and current authorities concerning riparian doctrine and environmental protection.
• Chapter 4, Groundwater. This chapter has been revised and reorganized to reflect modern groundwater law, hydrogeology, and management. New and updated materials address groundwater sustainability, contemporary adjudication procedures, reconciliation of groundwater rights during shortage, and the increasing integration of groundwater and surface water management.
• Chapter 5, Interstate Allocation. This chapter has been updated to incorporate recent Supreme Court decisions and developments in equitable apportionment and interstate compact litigation. Revised materials also address the increasingly important roles of federal, tribal, environmental, and administrative interests in interstate water disputes.
• Chapter 6, Public Rights and Environmental Protection. This chapter has been reorganized and streamlined to clarify the relationships among the public trust doctrine, navigability, public access, and environmental protection. Revised materials address contemporary issues involving ecosystem protection, climate resilience, public resource governance, and recent developments in federal environmental law.
• Chapter 7, Federal Water Law. This chapter has been modernized and reorganized around contemporary questions concerning federal authority over water resources. New materials incorporate major Supreme Court decisions, including County of Maui v. Hawaii Wildlife Fund and Sackett v. EPA, and update treatment of federalism, federal reserved rights, environmental regulation, and other sources of federal authority.

Learn more about this series.