In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

The main focus of this book is on water quantity management, specifically floods, scarcity and droughts. The relevant EU requirements for water quantity management in transboundary waters and the way these have been implemented in a specific river basin in the EU, the Scheldt, are scrutinized. Moreover, a case study of the river basin mechanism governing the Delaware River in the United States has been conducted with the aim of identifying lessons learned for the EU. The key theme running through the book is based on the social-ecological resilience theory and the water security paradigm.

The Colorado River basin states are bound together by something referred to by water law experts as the "Law of the River"--a collection of interstate compacts, treaties, federal acts, court decisions and administrative directives that collectively determine how the water of the Colorado is used and allocated. This has become a very hot topic--the river system is approaching a crisis because of drought and climate change, and the Bureau of Reclamation recently announced the first-ever planned cutbacks in Colorado River water deliveries to states in the lower basin. Everyone in the region is going to be increasingly concerned with these laws, including those in California, since it is part of the compact and the cities of Los Angeles and San Diego receive a great deal of water from there. Also, 2022 is the 100th anniversary of the Colorado River Compact, which is the foundation of the "Law of the River."--Publisher.

As the population of the greater Las Vegas area grows and the climate warms, the threat of a water shortage looms over southern Nevada. But as Christian S. Harrison demonstrates in All the Water the Law Allows, the threat of shortage arises not from the local environment but from the American legal system, specifically the Law of the River that governs water allocation from the Colorado River. In this political and legal history of the Las Vegas water supply, Harrison focuses on the creation and actions of the Southern Nevada Water Authority (SNWA) to tell a story with profound implications and important lessons for water politics and natural resource policy in the twenty-first century. In the state with the smallest allocation of the Colorado’s water supply, Las Vegas faces the twin challenges of aridity and federal law to obtain water for its ever-expanding population. All the Water the Law Allows describes how the impending threat of shortage in the 1980s compelled the five metropolitan water agencies of greater Las Vegas to unify into a single entity. Harrison relates the circumstances of the SNWA’s evolution and reveals how the unification of local, county, and state interests allowed the compact to address regional water policy with greater force and focus than any of its peers in the Colorado River Basin. Most notably, the SNWA has mapped conservation plans that have drastically reduced local water consumption; and, in the interstate realm, it has been at the center of groundbreaking, water-sharing agreements. Yet these achievements do not challenge the fundamental primacy of the Law of the River. If current trends continue and the Basin States are compelled to reassess the river’s distribution, the SNWA will be a force and a model for the Basin as a whole.

“Wonderfully written…Mr. Owen writes about water, but in these polarized times the lessons he shares spill into other arenas. The world of water rights and wrongs along the Colorado River offers hope for other problems.” —Wall Street Journal An eye-opening account of where our water comes from and where it all goes. The Colorado River is an essential resource for a surprisingly large part of the United States, and every gallon that flows down it is owned or claimed by someone. David Owen traces all that water from the Colorado’s headwaters to its parched terminus, once a verdant wetland but now a million-acre desert. He takes readers on an adventure downriver, along a labyrinth of waterways, reservoirs, power plants, farms, fracking sites, ghost towns, and RV parks, to the spot near the U.S.–Mexico border where the river runs dry. Water problems in the western United States can seem tantalizingly easy to solve: just turn off the fountains at the Bellagio, stop selling hay to China, ban golf, cut down the almond trees, and kill all the lawyers. But a closer look reveals a vast man-made ecosystem that is far more complex and more interesting than the headlines let on. The story Owen tells in Where the Water Goes is crucial to our future: how a patchwork of engineering marvels, byzantine legal agreements, aging infrastructure, and neighborly cooperation enables life to flourish in the desert—and the disastrous consequences we face when any part of this tenuous system fails.

Over the past century, humans have molded the Colorado River to serve their own needs, resulting in significant impacts to the river and its ecosystems. Today, many scientists, public officials, and citizens hope to restore some of the lost resources in portions of the river and its surrounding lands. Environmental restoration on the scale of the Colorado River basin is immensely challenging; in addition to an almost overwhelming array of technical difficulties, it is fraught with perplexing questions about the appropriate goals of restoration and the extent to which environmental restoration must be balanced against environmental changes designed to promote and sustain human economic development. Restoring Colorado River Ecosystems explores the many questions and challenges surrounding the issue of large-scale restoration of the Colorado River basin, and of large-scale restoration in general. Robert W. Adler evaluates the relationships among the laws, policies, and institutions governing use and management of the Colorado River for human benefit and those designed to protect and restore the river and its environment. He examines and critiques the often challenging interactions among law, science, economics, and politics within which restoration efforts must operate. Ultimately, he suggests that a broad concept of “restoration” is needed to navigate those uncertain waters, and to strike an appropriate balance between human and environmental needs. While the book is primarily about restoration of Colorado River ecosystems, it is also about uncertainty, conflict, competing values, and the nature, pace, and implications of environmental change. It is about our place in the natural environment, and whether there are limits to that presence we ought to respect. And it is about our responsibility to the ecosystems we live in and use.

Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future. This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.