Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 83, No. 7, June

A Conversation about Takings and Water Rights
Dramatis Personae (in order of appearance):Faith is a farmer in California who receives water from a project operated by the Bureau of Reclamation (BOR), an agency of the U.S. government. Her 320-acre farm was established by her parents 40 years ago,...
A Plan to Restore the Public Trust Uses of Rivers and Creeks
The Mono Lake Cases1 amended Los Angeles Department of Water and Power's (LADWP) appropriative water rights to divert substantially all flows in Rush and Lee Vining Creeks, tributaries to Mono Lake in the eastern Sierra mountains. The State of California...
Beyond Bucks and Acres: Land Acquisition and Water
I. IntroductionIn the United States, buying land has generally been regarded as the best way to protect natural resources. But we have doubts about the sufficiency of ownership as means of protecting land.1 We are also concerned by the general tendency...
Chinatown: Owens Valley and Western Water Reallocation-Getting the Record Straight and What It Means for Water Markets
In this Article I examine the notorious Owens Valley water transfer to Los Angeles. Not only was it one of the largest private water exchanges in U.S. history, but it remains pivotal in the political economy of western water reallocation. It involved...
Corwin Johnson: An Inspirational Teacher
By the time we met Corwin Johnson on our first day of law school in August of 1972, he had already educated an entire generation of lawyers. From the time we graduated until his death last year, he would educate a generation more. That is quite a few...
Corwin Johnson: Consummate Scholar, Teacher, and Colleague
In MemoriamI am pleased that the Law Review has chosen to dedicate this symposium issue on water law to Professor Corwin W. Johnson, who died at the age of 86 on July 29, 2004. A more suitable choice of a dedicatee simply cannot be imagined, for Corwin...
Corwin Waggoner Johnson
Corwin Johnson was a pillar on the University of Texas Law School faculty for over half a century. He joined our faculty in 1947, and except for brief sojourns as a highly coveted visiting professor at leading law schools around the country, he taught...
Corwin W. Johnson
I first met Corwin Johnson almost 42 years ago. I had arrived at the Law School in August of 1963 as a neophyte law teacher, and Corwin was one of the first people I sought out. By that time Corwin was not only an accomplished and established legal scholar,...
Foreword
I.A.The symposium "Foreword" constitutes what is perhaps the only free-wheeling enterprise within legal academic scholarship. Its defining condition is simply to deliver on the naked promise to provide words to the fore of some series of articles that...
Maintaining the Status Quo: How Institutional Norms and Practices Create Conservative Water Organizations
I. IntroductionWater managers are falling behind in the race to resolve mounting troubles. Adverse environmental and social consequences of past management practices are evidenced by endangered species' lost habitats, the billions of people without access...
Responding to Water Scarcity in Western Canada
I. IntroductionIn any comparative survey of responses to water scarcity, a contribution from Canada is usually met with a sense of incredulity. Canada has a reputation for enjoying abundant freshwater supplies. Canada's experience in dealing with water...
Sustainable Development and Private Global Governance
I. Introduction: "I'd Like to Buy the World a Coke"Water is the basis of life; it is the gift of nature; it belongs to all living beings on earth. It is not a private property but a common resource for the sustenance of all. It is our fundamental obligation...
The River Commons: A New Era in U.S. Water Policy
Soon after the Constitution was ratified, the national government began a water development program based on the premise that rivers best serve society if they are controlled, diverted, and dammed. In 1802, the year the Army Corps of Engineers was established,...
The Water Giant Awakes: An Overview of Water Law in Brazil
I. IntroductionBrazil is home to the largest reserve of water resources on the planet,1 containing approximately 8% of the world's existing freshwater.2 Its territory encompasses several gigantic water basins,3 including the vast Amazon River basin.4...
Water Law in a Democratic South Africa: A Country Case Study Examining the Introduction of a Public Rights System
"Amanzi Ayimpilo-Water is Life-It is indispensable to survival and there can be no livelihood, no growth, and no economic development in its absence. In this drought prone, water scarce country, it is our responsibility to ensure water security for all...
Water Scarcity, Marketing, and Privatization
I. PreludeMost Americans take water for granted. Turn on the tap and a limitless quantity of high quality water flows for less money than it costs for cable television or a cell phone. The current drought has raised awareness of water scarcity, but most...