Water Law

The course will examine the legal structures that govern water allocation and use in the United States beginning with an understanding of the riparian doctrine, undergirding water rights in the Eastern U.S., and the prior-appropriation doctrine, applicable in Western states.  Focus will be given to Georgia’s regulated riparian system with key statutory frameworks governing surface water and groundwater allocation and supply.  Additional topics include the Endangered Species Act and its impact on water rights and allocation; the Federal Clean Water Act and issues of water quality, including navigable waters, regulation of point and non-point source pollution, Section 401 water quality certification, water quality standards under Section 303 and regulatory tools to bring bodies of water back into compliance with water quality standards, and Section 404 and its intersection with water supply planning and development.  In addition to providing a survey of key water law topics, the course will introduce students to contemporary water issues facing the Southeast and provide students with exposure to specific examples of the types of legal work that one could expect to pursue in an environmental law practice in the Southeast.