This revised second edition is essential to everyone involved with water and water resources-complying with the myriad federal, state, and local laws and regulations that govern the use and management of water in our attempts to maintain, clean, usable water. It includes the law of water diversion and distribution; water resources development and protection; water treatment and land use; ocean dumping; oil and hazardous substances cleanup; riparian and non-riparian systems; Eastern permit systems; beneficial use; water codes; prior appropriation; surface and ground water; channel modifications; municipal water supply; irrigation; California Water Management Districts; Bureau of Reclamation; Corps of Engineers; Water Resources Development Act of 1986; SCS, TVA, BPA, NEA, CERCLA, CWA, SDWA, RCRA, and their substantial changes in the last four years; water resources planning and research; public use; ownership of beds and banks; wild and scenic rivers; river corridor and instream flow protection; flood insurance, Section 404 and Section 208; the Supreme Court and water conservation; heat dischargers; quality-based effluent limitations; state ground water programs; pretreatment; funding; enforcement; citizen suits; and many more vital topics.
Table of Contents
INTRODUCTION: WATER LAW IN CONTEXT. THE LAW OF WATER DIVERSION AND DISTRIBUTION. Legal Classification of Water. Water Diversion Doctrines: The Riparian System (and Non-Riparian Uses). Eastern Permit Systems and their Evaluation. Appropriationism and Ripartianism. Groundwater Doctrines and Problems. Federal and Federal-State Diversion Law. Interbasin and Interstate Transfers. Drainage Law. Water Distribution Organizations. WATER RESOURCES DEVELOPMENT AND PROTECTION. The Federal Government as Project Developer: Water Resources Development Act of 1986, SCS, TVA, BPA. The Federal Government as Project Licensor. Comprehensive Water Resource Planning and Research. Limitations ofAL Federal Development and Licensing. NONTRANSFORMATIONAL USES: USES THAT DO NOT CHANGE THE WATERBODY. The Public Trust Doctrine. Public Use of Waterbodies. Use of Lakes. Use of Rivers and Streams. Federal Outdoor Recreation Programs. Floodplains Protection. Wetlands Protection. Weather Modification. Acid Precipitation. Acid Precipitation Prevention. Conservation and Reuse. WATER TREATMENT AND LAND USE. The Clean Water Act: Introduction. Goals and Policies. Antidegradation and Attainability. Industrial Point Source Dischargers. Municipal Effluent Limitations. Federal Subsidies for POTW Construction. Industrial Pretreatment, National Pretreatment Standards, Local Pretreatment Programs. National Pollutant Discharge Elimination System. Enforcement. Interstate Water Pollution, Compacts, Interstate Permitting and Enforcement. Nonpoint Source Control. 208 Point Source Planning. Ocean Disposal of Waste. Groundwater Protection: EPA, Federal Programs, State Groundwater Protection Programs. Oil and Hazardous Substances Cleanup. Drinking Water Protection. The Common Law and Water Quality. Regional Land-Use Controls. Glossary of Statutory Acronyms. Index. References.
A graduate of Yale Law School, William Goldfarb is Professor of Environmental Law at Cook College, Rutgers University, the State University of New Jersey, and is the regular "Litigation and Legislation" columnist and Law Contributing Editor of Water Resources Bulletin, journal of the American Water Resources Association. Goldfarb taught environmental law courses for engineering and science students at Stevens Institute of Technology from 1970 until 1974, when he became Professor of Environmental Law at Rutgers. He now teaches environmental and water law courses to graduate and undergraduate students mainly in engineering, science, planning, and natural resources management. He also participates in multidisciplinary water resources research teams. Earlier, the author practiced corporate law in New York City, earned a doctorate in English and comparative literature from Columbia University, and taught in that field several years. As a longtime special consultant to the New Jersey Department of Environmental Protection, he drafted many of the water pollution control laws for that state. He has also served on the New Jersey Governor's Science Advisory Committee and as president of the New Jersey Environmental Lobby. In addition to the book Water Law, Dr. Goldfarb has written numerous articles and book chapters on various aspects of environmental law.