scholarly journals Rainwater Harvesting in Colorado and the Quandary of a Taking

2018 ◽  
Vol 4 (3) ◽  
pp. 165-192
Author(s):  
Stephen N. Bretsen
Keyword(s):  
American West ◽  
Rainwater Harvesting ◽  
Water Rights ◽  
State Legislatures ◽  
Water Law ◽  
The West ◽  
State Laws ◽  
Rural Farmers ◽  
State Statutes ◽  
The Right

Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them risk giving senior appropriators a takings claim. Based on the nature of rainwater harvesting and judicial interpretations of federal and state constitutional takings clauses, the most likely claims by downstream agricultural irrigators in the West are that state statutes authorizing rainwater harvesting are per se physical takings. Such takings require compensation, even though they do not result in the total loss of the right to use water or have a minimal economic impact on a senior appropriator. To avoid a taking, state legislatures need to draft these statutes in ways that take advantage of how existing state laws implement the prior appropriation doctrine. Colorado’s most recent rainwater harvesting statute leverages how the no-injury requirement placed on junior appropriators ultimately limits the scope of the senior appropriators’ water rights and avoids a taking.

The ‘Right of Thirst’ for Animals in Islamic Law: A Comparative Approach

1995 ◽  
Vol 13 (6) ◽  
pp. 637-654 ◽  
Author(s):  
James L Wescoat
Keyword(s):  
American West ◽  
Islamic Law ◽  
Comparative Approach ◽  
Water Law ◽  
Islamic Republic ◽  
The Usa ◽  
Access To Water ◽  
Important Exception ◽  
Legal Contexts ◽  
The Right

Little attention has been given to animals' access to water in different cultural and legal contexts. The ‘right of thirst’ in Islamic law constitutes an important exception. In the first section of this paper I outline the doctrinal bases for the ‘right of thirst’, and clarify the sense in which it is a ‘right’ and is ‘Islamic’. In the second section of the paper I assess the relevance of Islamic water law in two geographic contexts, the Islamic Republic of Pakistan and the American West. Comparison of the two cases indicated that direct relevance for Pakistan is more complex than expected, and indirect relevance for the USA is less remote and more stimulating than might be expected.

“The Right of Suffrage Has Been Thrust on Me”: The Reluctant Suffragists of the American West

2020 ◽  
Vol 19 (4) ◽  
pp. 607-622
Author(s):  
Sunu Kodumthara
Keyword(s):  
American Politics ◽  
American West ◽  
Woman Suffrage ◽  
American Family ◽  
The West ◽  
Pivotal Moments ◽  
Suffrage Movement ◽  
Right To Vote ◽  
The Moment ◽  
The Right

AbstractFrom nearly the moment the woman's suffrage movement began at Seneca Falls in 1848, anti-suffragists actively campaigned against it, claiming that woman suffrage would only destroy both American politics and the American family. However, despite their best efforts, states in the American West passed equal suffrage laws. Interestingly, once it passed in their states, anti-suffragists in the American West—albeit begrudgingly—exercised their right to vote. As equal suffrage continued to expand, the Western anti-suffragist strategy became the strategy of anti-suffragists everywhere. This essay examines three states that represent pivotal moments in the development of the anti-suffrage movement: Colorado, California, and Oklahoma. Shortly after Colorado passed equal suffrage in 1893 and California passed equal suffrage in 1911, anti-suffragists organized state and national associations. By the time Oklahoma passed its equal suffrage law in 1918, anti-suffragists were not only voting—they were also willing to run for office. Anti-suffragist strategy and rhetoric relied on how suffrage worked in the West, or at least anti-suffrage perceptions of it. In other words, women's suffrage in the West served as a catalyst for the anti-suffragist movement.

Private rights, public interests and water use conflicts: evolving water law and policy in Michigan

Water Policy ◽  
2016 ◽  
Vol 18 (4) ◽  
pp. 903-917 ◽  
Author(s):  
Mathew C. Lautenberger ◽  
Patricia E. Norris
Keyword(s):  
Surface Water ◽  
Water Use ◽  
Common Law ◽  
Water Rights ◽  
Water Law ◽  
Court Of Appeals ◽  
Water Users ◽  
Public Rights ◽  
Water Withdrawals ◽  
The Right

Water conflicts are rare across Michigan's history. As a result, water rights have received little attention by courts or the legislature. Traditionally, the common law of water rights in Michigan embraces the riparian doctrine for surface water and provides landowners with the right to use groundwater. However, two recent changes in common and statutory law significantly modify the legal relations among water users and others with a stake in water use decisions. A 2005 Michigan Court of Appeals decision created a new legal relation among riparian and groundwater rights holders. In 2008, Michigan's legislature passed laws aimed at regulating surface water and groundwater withdrawals. As an exercise of police power intended to protect public rights in water and associated environmental quality, the 2008 laws cap total water withdrawals. This program of restricting water withdrawals coexists with the state's common law which provides for reasonable use of surface water by riparian landowners and groundwater by owners of the overlying land. The result is a new set of legal relations, an uncertain legal environment, and a growing likelihood of water use conflicts. Because Michigan's body of water law is unique, neither courts nor legislature can rely on solutions used in other states.

Recognizing the Martuwarra's First Law Right to Life as a Living Ancestral Being

2020 ◽  
Vol 9 (3) ◽  
pp. 541-568 ◽  
Author(s):  
Martuwarra RiverOfLife ◽  
Anne Poelina ◽  
Donna Bagnall ◽  
Michelle Lim
Keyword(s):  
Water Rights ◽  
Individual Rights ◽  
Right To Life ◽  
State Laws ◽  
Colonial State ◽  
Native Title ◽  
Close Analogy ◽  
The Right ◽  
First Time ◽  
Fitzroy River

AbstractTraditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.

Water Law and Policy in India

2018 ◽  
Keyword(s):  
Water Rights ◽  
Public Trust ◽  
Water Law ◽  
State Control ◽  
Policy Reforms ◽  
The Past ◽  
Law And Policy ◽  
Water State ◽  
Basic Concepts ◽  
The Right

This chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the diverse sectoral laws, policies and administrative directions that make up water law. It also introduces some of the basic concepts, such as water rights, the right to water, state control, and public trust. It then analyses general developments over the past couple of decades in terms of policy reforms (water sector reforms) and water law reforms.

scholarly journals Optimal Sizing of Rooftop Rainwater Harvesting Tanks for Sustainable Domestic Water Use in the West Bank, Palestine

Water ◽  
2021 ◽  
Vol 13 (4) ◽  
pp. 573
Author(s):  
Sameer Shadeed ◽  
Sandy Alawna
Keyword(s):  
Storage Tank ◽  
Rainwater Harvesting ◽  
West Bank ◽  
Family Members ◽  
Optimal Size ◽  
Storage Tanks ◽  
Domestic Water ◽  
The West ◽  
Average Family ◽  
Rooftop Rainwater Harvesting

In highly water-poor areas, rooftop rainwater harvesting (RRWH) can be used for a self-sustaining and self-reliant domestic water supply. The designing of an optimal RRWH storage tank is a key parameter to implement a reliable RRWH system. In this study, the optimal size of RRWH storage tanks in the different West Bank governorates was estimated based on monthly (all governorates) and daily (i.e., Nablus) inflow (RRWH) and outflow (domestic water demand, DWD) data. In the estimation of RRWH, five rooftop areas varying between 100 m2 and 300 m2 were selected. Moreover, the reliability of the adopting RRWH system in the different West Bank governorates was tested. Two-time series scenarios were assumed: Scenario 1, S1 (12 months, annual) and scenario 2, S2 (8 months, rainy). As a result, reliable curves for preliminary estimation of optimal RRWH storage tanks for the different West Bank governorates were obtained. Results show that the required storage tank for S1 (annual) is more than that of the S2 (rainy) one. The required storage tank to fulfill DWD is based on the average rooftop area of 150 m2, the average family members of 4.8, and the average DWD of 90 L per capita per day (L/c/d) varies between (75 m3 to 136 m3) and (24 m3 to 84 m3) for S2 for the different West Bank governorates. Further, it is found that the optimal RRWH tank size for the 150 m2 rooftop ranges between 20 m3 (in Jericho) to 75 m3 (in Salfit and Nablus) and between 20 m3 (in Jericho) to 51 m3 (in Jerusalem) for S1 and S2 scenarios, respectively. Finally, results show that the implementation of an RRWH system for a rooftop area of 150 m2 and family members of 4.8 is reliable for all of the West Bank governorates except Jericho. Whereas, the reliability doesn’t exceed 19% for the two scenarios. However, the reduction of DWDv is highly affecting the reliability of adopting RRWH systems in Jericho (the least rainfall governorate). For instance, a family DWDv of 3.2 m3/month (25% of the average family DWDv in the West Bank) will increase the reliability at a rooftop area of 150 m2 to 51% and 76% for S1 and S2, respectively.

Diplomacy Beyond History: Analytic-Violence, Producer-Centred Research, India

2021 ◽  
pp. 097492842098307
Author(s):  
Deep K. Datta-Ray
Keyword(s):  
New Method ◽  
The West ◽  
History Of ◽  
The Right ◽  
Nuclear Diplomacy ◽  
The Cost ◽  
Insight Into

The history of Indian diplomacy conceptualises diplomacy racially—as invented by the West—and restrictively—to offence. This is ‘analytic-violence’ and it explains the berating of Indians for mimicking diplomacy incorrectly or unthinkingly, and the deleting, dismissing, or denigrating, of diplomatic practices contradicting history’s conception. To relieve history from these offences, a new method is presented, ‘Producer-Centred Research’ (PCR). Initiating with abduction, an insight into a problem—in this case Indian diplomacy’s compromised historicisation—PCR solves it by converting history’s racist rationality into ‘rationalities’. The plurality renders rationality one of many, permitting PCR’s searching for rationalities not as a function of rationality but robust practices explicable in producer’s terms. Doing so is exegesis. It reveals India’s nuclear diplomacy as unique, for being organised by defence, not offence. Moreover, offence’s premise of security as exceeding opponent’s hostility renders it chimerical for such a security is, paradoxically, reliant on expanding arsenals. Additionally, doing so is a response to opponents. This fragments sovereignty and abdicates control for one is dependent on opponent’s choices. Defence, however, does not instigate opponents and so really delivers security by minimising arsenals since offence is eschewed. Doing so is not a response to opponents and so maintains sovereignty and retains control by denying others the right to offense. The cost of defence is courage, for instance, choosing to live in the shadow of nuclear annihilation. Exegesis discloses Balakot as a shift from defence to offence, so to relieve the Bharatiya Janata Party’s (BJP) leadership of having to be courageous. The intensity of the intention to discard courage is apparent in the price the BJP paid. This included equating India with Pakistan, permitting it to escalate the conflict, and so imperiling all humanity in a manner beyond history.

scholarly journals Jazz and Music-Hall Transgressions in Theatre Workshop's Production of A Taste of Honey

2007 ◽  
Vol 23 (4) ◽  
pp. 331-336
Author(s):  
Alec Patton
Keyword(s):  
The West ◽  
Music Hall ◽  
The Right ◽  
Original Production ◽  
The University

Shelagh Delaney's A Taste of Honey in the Theatre Workshop production of 1959 opened to the sound of a fast twelve-bar blues played on trumpet, saxophone, and guitar by musicians sitting in a box to the right of the stage. Though rarely mentioned by historians, the ‘Apex Jazz Trio’, as they were called, were a lively and unpredictable element in the production. Between the actors' open acknowledgement of the band, and Avis Bunnage's direct comments to the audience, the play shattered the ’realistic‘ conventions that still held sway in the West End, at the same time transgressing the distinction between ‘serious’ theatre and music hall (where the boundary of the proscenium was never respected obsequiously). Alec Patton, a PhD student at the University of Sheffield, draws on original interviews with actors from the cast, a member of the first-night audience, and the leader of the band that accompanied the show to offer a re-assessment of the role of music and music hall in the original production of A Taste of Honey.

Naming the West and Making a Name: The Reputations of Bierstadt and Twain

Prospects ◽  
1989 ◽  
Vol 14 ◽  
pp. 93-123
Author(s):  
Lee Clark Mitchell
Keyword(s):  
Civil War ◽  
Mark Twain ◽  
The West ◽  
The Right ◽  
Canonical Status

In the mid-1860s, with the nation immured in a devastating Civil War, two artists emerged as the premier representatives of America's Far West. Albert Bierstadt (1830–1902) and Mark Twain (1835–1910) captured the nation's imagination with images that challenged ideas about the West as well as about art itself. In little more than a decade, however, Bierstadt's paintings were being ignored while Twain's name began to acquire something of its present canonical status. Unremarkable as this divergence in reputations may seem today (when “fifteen minutes of fame” has been promised to every one of us), a century ago Warhol's prediction would have been inconceivable. That in itself makes the receptions first accorded Bierstadt and Twain as interesting as the dramatic divergence later taken in their careers. What was it, one might well ask, that so appealed to contemporaries, and why should Bierstadt's success so quickly have palled while Twain's only continued to grow?The question encourages us to transgress the boundaries that separate painting from writing, to shift attention from a given medium onto the larger process by which popularity is won. One of the questions that then emerges is whether artists acclaimed in different media make similar demands upon their audience. Do a certain set of common standards, that is, shape an artist's reception, much as they more self-consciously dictate assessments that scholars will make later on? Or is it simply a matter of being in the right artistic place at the right cultural time? Certainly, the receptions accorded Bierstadt and Twain suggest that the former is true -indeed, that in their case a forceful aesthetic logic was at work.

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