Water Rights and the Environment in the United States: A Documentary and Reference Guide, 1st Edition

  • John R. Burch, Jr.
  • Published By:
  • ISBN-10: 1440838038
  • ISBN-13: 9781440838033
  • DDC: 346.7304
  • Grade Level Range: 9th Grade - College Senior
  • 443 Pages | eBook
  • Original Copyright 2015 | Published/Released November 2015
  • This publication's content originally published in print form: 2015

  • Price:  Sign in for price



Three factors influence the development of water policy and politics in the United States: the availability of water, the manner in which people use the commodity to its maximum economic benefit, and governmental control. This book is a one-stop resource for understanding the scope of water issues in America, from governing doctrine and legislation, to Native American water rights, to water protection and pollution, and to the mitigation of natural and manmade disasters. Distinguished author and noted scholar John R. Burch Jr. reviews the conflicts among state, federal, and international agencies in dealing with water supply and points to competing legal rulings and laws as undermining the creation of a cohesive policy for all.

Table of Contents

Front Cover.
Half Title Page.
Recent Titles in Documentary and Reference Guides.
Title Page.
Copyright Page.
Reader’s Guide to Related Documents and Sidebars.
Doctrines and Rights.
1: Establishing Water Laws.
2: He Has a Right to the Use of the Water Flowing over It in Its Natural Current, Without Diminution or Obstruction.
3: One of the Beneficial Uses of a Watercourse, and in This Country One of the Most Important, Is Its Application to the Working of Mills and Machinery.
4: The First Appropriator of Water from a Natural Stream for a Beneficial Purpose Has, with the Qualifications Contained in the Constitution, a Prior Right Thereto, to the Extent of Such Appropriation.
5: The “Doctrine of Appropriation” is Not, and Never Was, Applicable to Public Lands.
6: Native American Fishing and Water Rights.
7: Ambiguities Occurring Will Be Resolved from the Standpoint of the Indians.
8: The United States Did Reserve the Water Rights for the Indians.
9: An Almost Total Lack of Meaningful Communication on Problems of Treaty Right Fishing.
10: The Congress Has Not Authorized the Taking of Indian Fishing Rights for the Catherine Creek Project.
11: The Right of Taking Fish, at All Usual and Accustomed Grounds and Stations, Is Further Secured to Said Indians, in Common with All Citizens of the Territory.
12: Provides for the Acquisition of Water and Rights to Assist the Conservation and Recovery of the Pyramid Lake Fishery.
13: The Restoration of the Elwha River Ecosystem and the Native Anadromous Fisheries.
Waters of the West.
14: Waters of the West.
15: The Arable Lands Are Much Greater Than the Irrigable.
16: To Aid the Public Land States in the Reclamation of the Desert Lands Therein.
17: The Construction and Maintenance of Irrigation Works for the Storage, Diversion, and Development of Waters for the Reclamation of Arid and Semiarid Lands.
18: The Equitable Division and Apportionment of the Use of the Waters of the Colorado River System.
19: For the Approval of the Colorado River Compact.
20: To Initiate the Comprehensive Development of the Water Resources of the Upper Colorado River Basin.
21: The Government’s Construction, Ownership, Operation, and Maintenance of the Vast Colorado River.
22: A Program for the Further Comprehensive Development of the Water Resources of the Colorado River Basin.
Border Regions.
23: Water and Mexico.
24: To Remove All Causes of Controversy Between Them.
25: To Avoid Difficulties Occasioned by Reason of the Changes Which Take Place in the Beds of the Rio Grande (Rio Bravo) and the Colorado River.
26: To Characterize, Map, and Model Priority Transboundary Aquifers.
27: Water and Canada.
28: All Navigable Boundary Waters Shall Forever Continue Free and Open.
29: The Great Lakes Are Valuable Regional, National and International Resources.
30: To Preserve the Great Lakes Basin Ecosystem.
Water Management and Flood Control.
31: Flood Control Legislation.
32: No Local Contribution to the Project Herein Adopted is Required.
33: General Comprehensive Plan for Flood Control and Other Purposes in the Missouri River Basin.
34: The Authorization for Any Flood Control Project Herein Adopted Requiring Local Cooperation Shall Expire Five Years from the Date on Which Local Interests Are Notified in Writing by the Department of the Army.
35: Dams and Levees.
36: To Reduce the Risks to Life and Property from Dam Failure in the United States.
37: The Preparation for and Response to Hurricane Katrina Should Disturb All Americans.
Environmental Issues.
38: Water Pollution.
39: It is Not Lawful to Deposit Refuse into the Navigable Water of the United States.
40: To Recognize, Preserve, and Protect the Primary Responsibilities and Rights of the States in Controlling Water Pollution.
41: To Promote a More Adequate National Program of Water Research.
42: For the Optimum Development of the Nation’s Natural Resources.
43: To Amend the Federal Water Pollution Control Act in Order to Improve and Make More Effective.
44: To Restore and Maintain the Chemical, Physical, and Biological Integrity of the Nation’s Waters.
45: National Drinking Water Standards.
46: There is a Need to Regulate Surface Mining Operations.
47: To Provide for Liability, Compensation, Cleanup, and Emergency Response for Hazardous Substances Released into the Environment.
48: Cost Sharing.
49: To Provide for the Renewal of the Quality of the Nation’s Waters.
50: Isolated Ponds Are Not ‘Waters of the United States’.
51: A Proposed Rule Defining the Scope of Waters Protected Under the Clean Water Act.
52: Water Habitats.
53: The Most Valuable Food Fishes of the Coast and the Lakes of the United States Are Rapidly Diminishing in Number.
54: For the Purpose of Recognizing the Vital Contribution of Our Wildlife Resources to the Nation.
55: For the Benefit and Enjoyment of Present and Future Generations.
56: “To Establish a National Policy for the Environment”.
57: Man Has Caused Changes in the Environment.
58: It is the Policy of the United States to Regulate the Dumping of All Types of Materials into Ocean Waters.
59: These Species of Fish, Wildlife, and Plants Are of Esthetic, Ecological, Educational, Historical, Recreational, and Scientific Value to the Nation and Its People.
60: There is a Growing Demand on the Soil, Water, and Related Resources of the Nation to Meet Present and Future Needs.
61: To Prevent and Control Infestations of the Coastal Inland Waters of the United States.
62: A National Estuary Habitat Restoration Strategy.
63: To Develop an Effective and Fiscally Sustainable Asian Carp Control Program.
New Threats to Water Supply and Safety.
64: Oil Spills.
65: New Requirements for Contingency Planning by Both Government and Industry.
66: Three Questions of Maritime Law.
67: Oiling a Rich Environment.
68: Chemical Pollution.
69: An Unreasonable Risk of Injury to Health or the Environment.
70: Known Toxicological Information.
71: Groundwater is the Primary Source of Water Used in the High Plains.
72: A Short-Term Health Advisory for Drinking Water in and Around Charleston, West Virginia.
73: Fracking.
74: The Injection of Hydraulic Fracturing Fluids into Coalbed Methane Wells Poses Little or No Threat to USDWs and Does Not Justify Additional Study at This Time.
75: Potential Impacts to Drinking Water Resources from Hydraulic Fracturing.
76: To Prohibit the Department of the Interior from Enforcing Any Federal Regulation, Guidance, or Permit Requirement Regarding Hydraulic Fracturing.
77: The Impact of Climate Change on Water Supply.
78: Clean and Safe Water to Protect the Nation’s Public Health and Environment.
79: Climate Change is Expected to Affect Water Demand.
Selected Resources.
About the Author.