9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
Dr. Peggy Hall - Legal Liability Aspects Of Manure ApplicationsJohn Blue
Legal Liability Aspects Of Manure Applications - Dr. Peggy Hall, Ohio State University Extension, from the 2018 Conservation Tillage and Technology Conference, March 6 - 7, Ada, OH, USA.
More presentations at https://www.youtube.com/channel/UCZBwPfKdlk4SB63zZy16kyA
Disputes concerning the regulation and use of water in the Murray-Darling Basin have now reached a critical point where extended periods of extreme drought and climate change have forced threats of High Court litigation. Whilst a number of similar threats have been made since settlement, no court has ever made an authoritative judgment on such water disputes. As such, many important questions about the rights of States and their residents to take and use water remain unresolved. Professor Williams and Matthew Lee assess both the genesis and development of water law in Australia in order to provide an explanation of how we have arrived at this current water crisis.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
Dr. Peggy Hall - Legal Liability Aspects Of Manure ApplicationsJohn Blue
Legal Liability Aspects Of Manure Applications - Dr. Peggy Hall, Ohio State University Extension, from the 2018 Conservation Tillage and Technology Conference, March 6 - 7, Ada, OH, USA.
More presentations at https://www.youtube.com/channel/UCZBwPfKdlk4SB63zZy16kyA
Disputes concerning the regulation and use of water in the Murray-Darling Basin have now reached a critical point where extended periods of extreme drought and climate change have forced threats of High Court litigation. Whilst a number of similar threats have been made since settlement, no court has ever made an authoritative judgment on such water disputes. As such, many important questions about the rights of States and their residents to take and use water remain unresolved. Professor Williams and Matthew Lee assess both the genesis and development of water law in Australia in order to provide an explanation of how we have arrived at this current water crisis.
Warren Formo, Joe Smentek - Water Regulations Update: Waters of the United St...John Blue
Water Regulations Update: Waters of the United States and Buffer Strips - Warren Formo, Minnesota Agricultural Water Resource Center; Joe Smentek, Minnesota Soybean Research and Promotion Council, from the 2016 Minnesota Pork Congress, January 18 - 20, 2016, Minneapolis, MN, USA.
More presentations at http://www.swinecast.com/2016-minnesota-pork-congress
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
Hirst Decision Impact to Development and Drilling Water Wells in Washington Paul Tretter
Important Read!!! if you are at all involved in Land Acquisition or Development in Washington State. This makes clear according to this Hydrologist that the Science, the data and knowledge of Groundwater in the State is viewed incorrectly.
The Future Dams Research Consortium (originally known as DAMS 2.0) hosted a public lecture by Prof Michael Hanemann of Arizona State University on the economics of water.
The lecture discussed ‘why the economics of water is so hard’ providing a historical and contemporary US overview of the issues that make water challenging to price.
Chapter 36 Water rights 255After reading this ch.docxketurahhazelhurst
Chapter 36: Water rights 255
After reading this chapter, you will be able to:
• identify the appurtenant water rights attached to riparian land;
and
• understand the extent and terms of riparian rights.
Learning
Objectives
Water rights
Chapter
36
Water belongs in one of two categories:
• surface water, consisting of watercourses, lakes, springs, marshes,
ponds, sloughs, and any other water flowing over the surface of the
earth caused by rain, snow, springs or seepage; or
• ground water, consisting of percolating, subterranean bodies of water
located in underground basins.1
Holders of rights to withdraw surface waters have riparian rights. Holders
of rights to pump ground water have overlying rights.
The legal rights to extract and use water are based on priorities and are
classified as:
• landowner’s rights consisting of both riparian and overlying rights;
1 Restatement of the Law 2d Torts §§841, 845, 846
Water is
used, not
owned
riparian right
The right of a real
estate owner to take
surface water from a
running water source
contiguous to their
land.
overlying right
prescriptive right
riparian land
riparian right
State Water Resources
Control Board
Key Terms
For a further discussion of this topic, see Chapter 8 of Legal Aspects of
Real Estate.
256 Real Estate Principles, Second Edition
• appropriative rights to withdraw water under license from the state;
and
• prescriptive rights to withdraw water legally entitled to be used by
others.
Riparian rights refer to a landowner’s appurtenant property right to
withdraw water from an adjacent river or lake for beneficial use on their
riparian land.
Overlying rights refer to a landowner’s right to the use of ground water
below the surface of their land.
An overlying landowner has rights to an allotment of water which is
measured by the ground water in the basin over which their land is located.
Overlying landowners have equal rights against other overlying landowners
to a basin’s ground water percolating underneath their land, subject to their
reasonable use of the water.
Overlying and riparian rights are legally analogous to one another, except
for the limitations placed on overlying landowners to use ground water and
riparian landowners to use surface water.2
A landowner’s use of water in the exercise of their riparian or overlying
water rights has priority over water rights held by appropriators licensed by
the state.
Riparian and overlying water rights are part of the ownership of land, and
run with the title to the land when it is sold. Water rights are not personal
property which can be assigned or used for the benefit of other property.
Riparian land is a parcel of real estate located both adjacent to a water
source with surface water and within the watershed (basin) of the surface
water.
A parcel is considered riparian land if it:
• touches the surface water; or
• w ...
Chapter 36 Water rights 255After reading this chTawnaDelatorrejs
Chapter 36: Water rights 255
After reading this chapter, you will be able to:
• identify the appurtenant water rights attached to riparian land;
and
• understand the extent and terms of riparian rights.
Learning
Objectives
Water rights
Chapter
36
Water belongs in one of two categories:
• surface water, consisting of watercourses, lakes, springs, marshes,
ponds, sloughs, and any other water flowing over the surface of the
earth caused by rain, snow, springs or seepage; or
• ground water, consisting of percolating, subterranean bodies of water
located in underground basins.1
Holders of rights to withdraw surface waters have riparian rights. Holders
of rights to pump ground water have overlying rights.
The legal rights to extract and use water are based on priorities and are
classified as:
• landowner’s rights consisting of both riparian and overlying rights;
1 Restatement of the Law 2d Torts §§841, 845, 846
Water is
used, not
owned
riparian right
The right of a real
estate owner to take
surface water from a
running water source
contiguous to their
land.
overlying right
prescriptive right
riparian land
riparian right
State Water Resources
Control Board
Key Terms
For a further discussion of this topic, see Chapter 8 of Legal Aspects of
Real Estate.
256 Real Estate Principles, Second Edition
• appropriative rights to withdraw water under license from the state;
and
• prescriptive rights to withdraw water legally entitled to be used by
others.
Riparian rights refer to a landowner’s appurtenant property right to
withdraw water from an adjacent river or lake for beneficial use on their
riparian land.
Overlying rights refer to a landowner’s right to the use of ground water
below the surface of their land.
An overlying landowner has rights to an allotment of water which is
measured by the ground water in the basin over which their land is located.
Overlying landowners have equal rights against other overlying landowners
to a basin’s ground water percolating underneath their land, subject to their
reasonable use of the water.
Overlying and riparian rights are legally analogous to one another, except
for the limitations placed on overlying landowners to use ground water and
riparian landowners to use surface water.2
A landowner’s use of water in the exercise of their riparian or overlying
water rights has priority over water rights held by appropriators licensed by
the state.
Riparian and overlying water rights are part of the ownership of land, and
run with the title to the land when it is sold. Water rights are not personal
property which can be assigned or used for the benefit of other property.
Riparian land is a parcel of real estate located both adjacent to a water
source with surface water and within the watershed (basin) of the surface
water.
A parcel is considered riparian land if it:
• touches the surface water; or
• w ...
A decree instituting a Water Code, thereby revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources
Warren Formo, Joe Smentek - Water Regulations Update: Waters of the United St...John Blue
Water Regulations Update: Waters of the United States and Buffer Strips - Warren Formo, Minnesota Agricultural Water Resource Center; Joe Smentek, Minnesota Soybean Research and Promotion Council, from the 2016 Minnesota Pork Congress, January 18 - 20, 2016, Minneapolis, MN, USA.
More presentations at http://www.swinecast.com/2016-minnesota-pork-congress
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
Hirst Decision Impact to Development and Drilling Water Wells in Washington Paul Tretter
Important Read!!! if you are at all involved in Land Acquisition or Development in Washington State. This makes clear according to this Hydrologist that the Science, the data and knowledge of Groundwater in the State is viewed incorrectly.
The Future Dams Research Consortium (originally known as DAMS 2.0) hosted a public lecture by Prof Michael Hanemann of Arizona State University on the economics of water.
The lecture discussed ‘why the economics of water is so hard’ providing a historical and contemporary US overview of the issues that make water challenging to price.
Chapter 36 Water rights 255After reading this ch.docxketurahhazelhurst
Chapter 36: Water rights 255
After reading this chapter, you will be able to:
• identify the appurtenant water rights attached to riparian land;
and
• understand the extent and terms of riparian rights.
Learning
Objectives
Water rights
Chapter
36
Water belongs in one of two categories:
• surface water, consisting of watercourses, lakes, springs, marshes,
ponds, sloughs, and any other water flowing over the surface of the
earth caused by rain, snow, springs or seepage; or
• ground water, consisting of percolating, subterranean bodies of water
located in underground basins.1
Holders of rights to withdraw surface waters have riparian rights. Holders
of rights to pump ground water have overlying rights.
The legal rights to extract and use water are based on priorities and are
classified as:
• landowner’s rights consisting of both riparian and overlying rights;
1 Restatement of the Law 2d Torts §§841, 845, 846
Water is
used, not
owned
riparian right
The right of a real
estate owner to take
surface water from a
running water source
contiguous to their
land.
overlying right
prescriptive right
riparian land
riparian right
State Water Resources
Control Board
Key Terms
For a further discussion of this topic, see Chapter 8 of Legal Aspects of
Real Estate.
256 Real Estate Principles, Second Edition
• appropriative rights to withdraw water under license from the state;
and
• prescriptive rights to withdraw water legally entitled to be used by
others.
Riparian rights refer to a landowner’s appurtenant property right to
withdraw water from an adjacent river or lake for beneficial use on their
riparian land.
Overlying rights refer to a landowner’s right to the use of ground water
below the surface of their land.
An overlying landowner has rights to an allotment of water which is
measured by the ground water in the basin over which their land is located.
Overlying landowners have equal rights against other overlying landowners
to a basin’s ground water percolating underneath their land, subject to their
reasonable use of the water.
Overlying and riparian rights are legally analogous to one another, except
for the limitations placed on overlying landowners to use ground water and
riparian landowners to use surface water.2
A landowner’s use of water in the exercise of their riparian or overlying
water rights has priority over water rights held by appropriators licensed by
the state.
Riparian and overlying water rights are part of the ownership of land, and
run with the title to the land when it is sold. Water rights are not personal
property which can be assigned or used for the benefit of other property.
Riparian land is a parcel of real estate located both adjacent to a water
source with surface water and within the watershed (basin) of the surface
water.
A parcel is considered riparian land if it:
• touches the surface water; or
• w ...
Chapter 36 Water rights 255After reading this chTawnaDelatorrejs
Chapter 36: Water rights 255
After reading this chapter, you will be able to:
• identify the appurtenant water rights attached to riparian land;
and
• understand the extent and terms of riparian rights.
Learning
Objectives
Water rights
Chapter
36
Water belongs in one of two categories:
• surface water, consisting of watercourses, lakes, springs, marshes,
ponds, sloughs, and any other water flowing over the surface of the
earth caused by rain, snow, springs or seepage; or
• ground water, consisting of percolating, subterranean bodies of water
located in underground basins.1
Holders of rights to withdraw surface waters have riparian rights. Holders
of rights to pump ground water have overlying rights.
The legal rights to extract and use water are based on priorities and are
classified as:
• landowner’s rights consisting of both riparian and overlying rights;
1 Restatement of the Law 2d Torts §§841, 845, 846
Water is
used, not
owned
riparian right
The right of a real
estate owner to take
surface water from a
running water source
contiguous to their
land.
overlying right
prescriptive right
riparian land
riparian right
State Water Resources
Control Board
Key Terms
For a further discussion of this topic, see Chapter 8 of Legal Aspects of
Real Estate.
256 Real Estate Principles, Second Edition
• appropriative rights to withdraw water under license from the state;
and
• prescriptive rights to withdraw water legally entitled to be used by
others.
Riparian rights refer to a landowner’s appurtenant property right to
withdraw water from an adjacent river or lake for beneficial use on their
riparian land.
Overlying rights refer to a landowner’s right to the use of ground water
below the surface of their land.
An overlying landowner has rights to an allotment of water which is
measured by the ground water in the basin over which their land is located.
Overlying landowners have equal rights against other overlying landowners
to a basin’s ground water percolating underneath their land, subject to their
reasonable use of the water.
Overlying and riparian rights are legally analogous to one another, except
for the limitations placed on overlying landowners to use ground water and
riparian landowners to use surface water.2
A landowner’s use of water in the exercise of their riparian or overlying
water rights has priority over water rights held by appropriators licensed by
the state.
Riparian and overlying water rights are part of the ownership of land, and
run with the title to the land when it is sold. Water rights are not personal
property which can be assigned or used for the benefit of other property.
Riparian land is a parcel of real estate located both adjacent to a water
source with surface water and within the watershed (basin) of the surface
water.
A parcel is considered riparian land if it:
• touches the surface water; or
• w ...
A decree instituting a Water Code, thereby revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources
Similar to Utah Domestic Groundwater Use & Management (20)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
2. 2
Overview and Objectives
Utah’s statutory exemption
How are domestic rights administered with other rights?
What is the process for acquiring new domestic water rights?
Are water users required to mitigate impacts of new domestic
depletions?
How do communities fit into the mix with domestic water rights?
4. 4
Statutory Exemption in Utah
There is no statutory exemption for domestic water use in Utah
Utah Code Ann. § 73-1-1(1): All waters in this state, whether above
or under the ground, are hereby declared to be the property of the
public, subject to all existing rights to the use thereof.
Every water user must obtain a valid water right
5. 5
Domestic Exemption Policy-Bracken (2012)
The underlying policy supporting [domestic] exemptions stems from
the belief that exempt wells use a de minimis amount of water and
are not worth the administrative resources needed to permit and
monitor them.
The exemptions provide potable, domestic water supplies in areas
where public supplies may not be available.
6. 6
Piute Reservoir & Irr. Co. v. W. Panguitch Irr.
& Reservoir Co. (Utah 1962)
State Engineer approved a change application, stating that change
would only cause “de minimis” impact to other users, “with which
the courts will not be concerned.”
“This court has never adopted the so-called ‘de minimis’
theory…This means that if vested rights will be impaired by such
change or application to appropriate, such application should not be
approved.”
7. 7
Wayment v. Howard (Utah 2006)
Water interference case where junior appropriator dammed a
slough that interfered with flow to senior user’s property.
Footnote 11: Refuses to take up application of “de minimis” theory
to interference, but affirming, “we have not adopted the de minimis
standard, but rather have stated that no impairment is acceptable.”
9. 9
General Priority of Rights
U.C.A. § 73-3-1(5): Between appropriators, the one first in time is
first in rights
§ 73-3-21.1: Appropriators shall have priority among themselves
according to the dates of their respective appropriations, so that
each appropriator is entitled to receive the appropriator’s whole
supply before any subsequent appropriator has any right
10. 10
Beneficial Use Preferences
U.C.A. § 73-3-1(5): During a temporary water shortage emergency,
water may be prioritized by beneficial use
o Drinking, sanitation, hydropower, and fire suppression;
o Agricultural use, including both irrigation and livestock
Preferential users must pay appropriators whose higher historical
priority was curtailed during the emergency
11. 11
Acquisition of Water Rights
Utah Code Ann. § 73-3-8: The State Engineer MUST approve an
application to appropriate if there is reason to believe that:
o There is unappropriated water in the source;
o Use will no impair existing rights or interfere with the more beneficial use;
o Plan is physically and economically feasible and not detrimental to public
welfare;
o Applicant has financial ability to complete works;
o Application made in good faith and not for speculation or monopoly;
o Compliance with applicable groundwater management plan
Generally subject to public notice and opportunity for protest
13. 13
Groundwater Management Plans
Utah Code Ann. § 73-5-15
o State Engineer may adopt groundwater
management plan with goals to (1) limit
withdrawals to safe-yield, (2) protect
physical integrity of aquifer, and (3)
protect water quality.
Where area policy is one of full
appropriation, burden is on applicant
to provide evidence that
unappropriated water exists.
14. 14
Policy Exemptions
In some cases, State Engineer explicitly allows new domestic
applications to appropriate, despite a more general finding that
groundwater is fully appropriated
Generally hyper-location specific
Emphasis on lack of public water supply (i.e., rural areas)
15. 15
Bountiful Sub-Area
Closed to new appropriations,
except:
o Isolated domestic/stock watering
wells in non-subdivisions, limited to
1.0 acre-foot per year
o Well to be sealed and water right
terminated when public water
system becomes available
16. 16
Monticello/San Juan County
Only open to small applications
for domestic requirements of one
family, one acre of irrigation, and
10 head of livestock
17. 17
Sevier River Basin
Closed to new appropriations,
except:
o New applications for domestic use,
irrigation of 0.1 acres, and 5 head of
livestock
o Total withdrawal limited to 1 acre-
foot per year
o Only applies in Ranges 8 and 9
West of the Water Rights Area
18. 18
Tooele Valley
Only applies to specific sub-
basins in the water rights area
Limited to either 4.73 acre-feet or
1.73 acre-feet per year,
depending on sub-basin
19. 19
Weber River Delta
“Individual domestic filings for 1.0
acre-foot per year are generally
approved where a public water
supply is not accessible.”
21. 21
San Juan County Applications
Water Rights Numbers: 09-2565;
09-2566; and 09-2567
Filed: June 2022
Published: July 2022
Approved: August 2022
22. 22
Prevalence of Domestic Wells
2010:
41,000 domestic wells
throughout the state
2022:
45,400 domestic wells
0
100
200
300
400
500
600
700
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
New Domestic Wells 2010-2022
23. 23
Conclusions
Provides data to State Water managers on how much water is
approved for use, the location of use, and the location of
infrastructure
Increased development in rural areas
Proof process protects senior water users
Less stringent review process could lead to increased stress on
groundwater inventory