Posts in water
Mitigation Banking Under Section 404 of CWA

The loss of wetlands within the continental United States is not a new phenomenon; still, little has been done to slow the progressive loss of wetland habitats successfully. Since the 1780s, the continental United States has lost nearly 50% of its wetlands, and since 2009, the rate of wetland loss has increased by another 50%. Much of this historical loss was due, in part, to a misunderstanding of the significant roles wetlands play in filtering pollution, providing habitat for numerous plant and animal species, and providing natural flood control.

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Is the Public Trust Doctrine a Potential Vehicle for Climate-Change Litigation?

The public trust doctrine’s foundation lies in English common law and was initially established to protect public commerce along navigable waterways. It has since been recognized in the United States in the landmark case, Illinois Central Railroad Company v. Illinois. In this case, the Court determined that all navigable waters in the United States and land under them are held in public trust by the government for the public interest. “Water is a ‘commons’ good that no single person government should keep for their own.”

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Colorado Legislature Contemplates Fire Suppression Ponds

“Fire season's [now] year round,” according to the incident commander for the nearly 200-acre grass fire that arose in southern Boulder, Colorado in late March 2022. Dubbed the “NCAR fire” after its location near the National Center for Atmospheric Research, this blaze thankfully proved much less destructive than the Marshall fire that struck December 30, 2021, between Boulder and Denver, destroying over 1,000 homes.

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waterDarah Fuller
Big Business is Investing in Water Banks

“Water banking” is an emerging practice in the west as water planners work to develop concepts to protect water resources in the face of long-term drought, increasing demand, and a changing climate. In summary, water banking is a voluntary, market-based tool that could facilitate water transactions between willing sellers and buyers. Through water banking, water rights owners are able to temporarily lease their water to those who are willing to pay a premium for it.

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waterDarah Fuller
All Eyes on Utah Part II: HB 297- Colorado River Amendments

After the other basin states made their concerns clear over the Lake Powell Pipeline, the Utah State Legislature stepped in to try to ensure water delivery to St. George. Recently passed legislation created the Colorado River Authority of Utah, a group charged with a mission to ‘protect, conserve, use, and develop Utah’s waters of the Colorado River System.” Although it is not uncommon for states to have such a commission, Utah is getting attention for the creation of its commission because of its timing, legislative rhetoric, and intent.

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waterDarah Fuller
Chasing Snowflakes

It’s not rocket science to understand Colorado relies on a steady water supply; it’s snow science. Most of Colorado is in either extreme or exceptional drought, the two highest possible rankings on the United States Drought Monitor.

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waterGuest User
“Forever Chemicals” and Water

Per- and polyfluoroalkyl substances, better known as PFAS, are common, non-naturally occurring chemicals that are used in non-stick pans, waterproof clothes, and firefighting foams among other every-day uses. While man-made chemicals in industrial and consumer products are nothing new, PFAS are unique in…

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waterGuest User