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Session 11: Readings

Authors: Shafiqul Islam, William Moomaw

Water and Diplomacy 2011
Shafiqul “Shafik” Islam, ScD. Professor, School of Engineering and Fletcher School of Law and Diplomacy
William Moomaw, PhD. Professor, Fletcher School of Law and Diplomacy
Tufts University

1. Session 11 – Readings

1.1. Required

Sax, Joseph, et al. Legal Control of Water Resources. St. Paul: Thomson West (2006).

Required readings in Sax, et al are in bold. All other readings are recommended but optional. Pay particular attention to the questions and notes following the assigned cases as they will guide class discussion.

1.1.1. Riparianism

The Basic Tenets of Riparianism 27-36
Pyle v. Gilbert 47-53
Restatement (Second) of Torts on Riparian Rights 57-61
Municipal Water Supply in Riparian Jurisdictions 79-82
Interbasin Transfer for Municipal Supply 87-89
State of North Carolina v. Hudson 89-97
City of Virginia Beach v. Champion International Corp. 97-101
Riparianism's Regulated Present and Possible Future 101-102

1.1.2. Prior Appropriation

Prior Appropriation System 124-139
In the Matter of a Certain Petition for Adjudication of Rights to the Use of Water 134-135
Acquiring Appropriative Rights 139-165
Tulare Irrigation Dist. V. Lindsay-Strathmore Irrigation District 165-168
Erickson v. Queen Valley Ranch Co. 168-173
State Department of Ecology v. Grimes 173-176
Imperial Irrigation District: Alleged Waste and Unreasonable Use of Water 176-183
Southeastern Colorado Water Conservancy District v. Shelton Farms, Inc. 183-186
Salt River Valley Water Users Association v. Kovacovich 186-191
Arizona Public Service Co. v. Long 201-209
Shokal v. Dunn 227-230
Jenkins v. State, Department of Water Resources 248-249

1.1.3. Ground Water

Doctrines of Ground Water 411-421

1.1.4. Public Trust

Public Trust 606-610
National Audubon Society v. Superior Court 610-621

1.1.5. Federal Reserved Right

Federal Reserved Rights 903-905
Winters v. United States 905-909
Cappaert v. United States 912-917

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