A new book explores case laws and evolving concepts in how water is governed, encompassing topics such as climate change, tribal rights and technologies for accessing water in areas where it is rapidly disappearing.
“Water Law: Concepts and Insights, 2nd Edition” was co-written by Robin Kundis Craig, Robert A. Schroeder Distinguished Professor of Law at the University of Kansas; Noah Hall of Wayne State University and Robert Adler of the University of Utah.
The book examines the emerging issue of whether there is a fundamental human right to water in the United States. California has enacted such a right, and a recent case in Montana upheld environmental rights more generally under the state constitution. Similar cases in other states such as Pennsylvania and Florida have occurred, although the book focuses on the Flint water crisis and its contribution to the growing recognition of water as a human right that is becoming codified in law.
The text also documents how environmental issues are forcing a change in water law. Climate change is rapidly changing approaches to water. Endangered species protections have also required shifts in law and policy. Meanwhile, tribal agreements on water and compacts signed as long as 70 or 80 years ago before climate change was a consideration are being re-examined.
Ongoing cases such as the removal of dams in the Klamath River and navigability of other waterways continue to raise environmental questions on the use of fresh water sources.
“Water Law” examines policy throughout the United States as well. Several states have enacted policies requiring public interest reviews for any new water uses. Those policies, plus ongoing interstate disputes over water, are thoroughly examined.
“Water Law: Concepts and Insights, 2nd Edition” was co-written by Robin Kundis Craig, Robert A. Schroeder Distinguished Professor of Law at the University of Kansas; Noah Hall of Wayne State University and Robert Adler of the University of Utah.
The book examines the emerging issue of whether there is a fundamental human right to water in the United States. California has enacted such a right, and a recent case in Montana upheld environmental rights more generally under the state constitution. Similar cases in other states such as Pennsylvania and Florida have occurred, although the book focuses on the Flint water crisis and its contribution to the growing recognition of water as a human right that is becoming codified in law.
The text also documents how environmental issues are forcing a change in water law. Climate change is rapidly changing approaches to water. Endangered species protections have also required shifts in law and policy. Meanwhile, tribal agreements on water and compacts signed as long as 70 or 80 years ago before climate change was a consideration are being re-examined.
Ongoing cases such as the removal of dams in the Klamath River and navigability of other waterways continue to raise environmental questions on the use of fresh water sources.
“Water Law” examines policy throughout the United States as well. Several states have enacted policies requiring public interest reviews for any new water uses. Those policies, plus ongoing interstate disputes over water, are thoroughly examined.
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