Water Law, Planning and Policy: Cases and Materials, Joseph L. Sax, (Indianapolis: The Bobbs-Merrill Company, Inc., 1968), 508 pp.
Identifying stakeholders; litigation; applicable to water resource issues; written for the first or third party participant.
Water Law, Planning and Policy: Cases and Materials is an examination of the planning, for, and use of, water for any human purpose, and the quality issues surrounding such use in the light of two legal regimes in water law.
Water Law, Planning and Policy: Cases and Materials will be of interest to those who seek an understanding of water policy. The introduction is an explanation of the differences between the legal regimes of riparianism and appropriations. The first chapter addresses public planning for water use with focus on the Northwestern and Southwestern United States. The author considers two broad topics: the ascertaining of goals, and implementation of the planning process. In the former context he examines: technical proposals and policy issues, project evaluation (benefit-cost analysis), and proposals for improving the evaluation process. Consideration of implementation of the planning process includes: the practice of protecting the origin in regional reallocations, legal bases for regional reallocation, and augmentation of water supplies. The latter topic focuses upon saline water conversion, weather modification and conservation.
Chapter two addresses the management of water use. The first part of the chapter concerns the Federal management model. The introduction presents the Federal Reclamation Law by way of background information. The author then proceeds to examine: the interplay between State and Federal Law, rights to reclamation project water, and the Excess Land-law. The second portion of the chapter is devoted to consideration of urban water supply. Herein, Sax examines: the interstate compact as a management model; and municipal acquisition of water rights through reservation and condemnation. The final part of the chapter addresses the administrative agencies and the courts which act as the appropriation system. The author examines: the diversion requirement of appropriation, the adjudication and administration of water rights and the permit system.
Chapter three is devoted to the consideration of water used for recreation, conservation and aesthetics. Following a brief look at the recreational use of lakes and streams the author focuses on the impact of conservation values on water use. He examines, in some depth, the Storm King case involving Consolidated Edison. The chapter closes with consideration of some theoretical observations about the maintenance of conservation values. The last chapter save one is devoted to an examination of the legal concerns over pollution. Sax presents a general introduction to the enforcement process, prefatory to a discussion of effluent taxes. He then considers economic incentives and private remedies for pollution control. This chapter is appended with a list of source materials on water pollution.
The final chapter examines groundwater and other special water sources. When considering groundwater, Sax begins with the physical facts and proceeds through discussions of: legal regimes governing groundwater, the problem of diminishing aquifers, and the management of groundwater basins. Additionally, the author briefly considers water from five other sources: spring water, foreign waters, developed water, enemy waters, and flood control. Placed in front of the text, the reader will find a table of cases and a short glossary of common water resource terms.
Water Law, Planning and Policy: Cases and Materials is a careful and comprehensive examination of the title topic. It is clearly written and will be accessible to the well-informed reader.
T. A. O'Lonergan
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