Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
272.1 sec. 001 - Water Law (Spring 2022)
Instructor: Holly Doremus (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only
Grading Designation: Graded
Mode of Instruction: In-Person
TuTh 2:10 PM - 3:25 PM
Location: Law 244
From January 11, 2022
To April 22, 2022
Course End: April 22, 2022
Class Number: 32087
Enroll Limit: 35
As of: 07/19 11:58 AM
Water is a unique resource for which the law has developed unique doctrines. This class will concentrate on the allocation of rights to divert water from natural waterways for human use, and regulatory limitations on those rights. We will cover the historical development and modern formulation of both the riparian system typical of the eastern U.S. and the appropriative rights system typical of the west. We will look at changes in water law over time, but also at the systematic pressures for stability. We will concentrate on surface resources and the state systems that play the primary role in water allocation, but will also look at groundwater regulation and a variety of federal limitations on state choices. We will cover resolution of interstate water conflicts, operation of federal water projects, the relationship between water quality and water allocation, and water marketing as a mechanism for reallocation. We will close the semester with a discussion of the effects of climate change on water resources in the U.S., with some emphasis on California, and the ability of the legal system to adequately respond.
This class may fulfill Option 2 of the J.D. writing requirement with instructor approval. In order to qualify for Option 2, all students in the class must be writing a paper of 30 or more pages. Those students who wish to use this paper for the writing requirement must get instructor approval and submit their drafts for comment and revision.
Exam Notes: (TH/P) Take-home examination or paper option: students option
Exam Length: 3 hours
Course Category: Environmental and Energy Law
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