Advantages And Disadvantages Of The Water Act 1989

Improved Essays
However, in Victoria, The Water Act 1989 (Vic) silent in regards to rain water, therefore it may be necessary to include legislative provisions seeking to control rain water collection, use and distribution. Although, it could be possible to categorise rain as a ‘water resource’ and using the purpose of the Water Act claim its equitable and efficient use. However, further clarification and intervention is still needed from the legislature or judiciary in regards to this uncertainty.

What rights could be attached to rain?

Arguably, certain proprietary rights common to other forms of private chattels could be attached to rain. As discussed above, the Court has defined proprietary rights as a bundle including the right to use, control, exclude

Related Documents

  • Improved Essays

    Annotated Bibliography Topic Selection/Case Study: Edwards v. Day and McDaniel and Underground Water Rights in Texas. Thesis Statement: The recent ruling of Edwards Aquifer Authority V. Day and McDaniel is an encouraging step in Texan property owners’ just fight for more control over their underground water. Sources Johnson, R., & Ellis, G. (2013). Commentary: A New Day?…

    • 1173 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    U.S. Supreme Court: United States v. Riverside Bayview Homes Inc. 474 U.S. 121 (1985) The developer Riverside Bayview Homes was filling its property, which was located next to Lake St. Clair, Michigan, with fill material. The Army Corps of Engineers filled a lawsuit against the developer to prevent this from happening, as the Corps felt that this area qualified as a wetland and the developer would then need to obtain a permit from the Corps as required under Clean Water Act § 404. The district court held that this area was considered a wetland under the Corps’ definition. This was then reversed in the Court of Appeals, which stated that the Corps’ must avoid taking without just compensation which violates the Fifth Amendment, thus giving the developer the right to fill their property without a permit.…

    • 704 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    She addresses the issue of the extinction of the taddle creek as a reminder of what can happen as a result of losing connection with one's primary water source. The author feels obliged to address this issue because keeping in touch with one's watershed results in caring and sustainable use of water- concluding with the betterment of a community's daily life and improving the sustainability of the nature within that community. On the other hand, ignoring the importance of a watershed will result in a mirror image of the Taddle Creek, and its negative repercussion will have an everlasting influence on the minds and safety of all individuals within and its surrounding areas. To finish, I felt that this was an extremely persuasive method of presenting an idea and it motivated me to connect to my own watershed once again (discussed in the other assignment) and the role I must play going forward to maintain the balance of the water which it holds. I am certain that many others including myself will use the example of the Taddle Creek as a reminder of the negative consequences that can arise as a result of ignoring and exploiting watersheds without providing them with the care they…

    • 990 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In large managed river basins and water systems such as the Columbia, Missouri, the state and federal California reservoir systems, the Colorado River, the Apalachicola-Chattahoochee-Flint, and others, drought creates or exacerbates conflicts about who should get water. The most common conflicts pit older, established uses such as agriculture and navigation against newer uses such as recreation and water for growing municipal populations, and water for direct human use against water for ecosystems.…

    • 72 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Water-free fracking could also solve other problems. In conventional fracking, half the water pumped into a well flows back to the surface, but the other half stays in the rock formation. The water that’s left behind can block the path of the natural gas, slowing down production and possibly decreasing the total amount a well can produce over its lifetime, Dilmore…

    • 62 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Who is affected by this advisory? Any property owner who has not applied for or been granted an exemption and remain connected to the combined or separate sewer system in violation of subsection 681-11. Sewer Connections. A person who is convicted of an offence may be liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence. All contraventions of the bylaw are reviewed and determined on a case by case basis.…

    • 473 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Introduction In a recently released opinion, the Kansas Court of Appeals for the first time addressed the meaning of Kansas water law. The case of Garetson Brothers v. American Warrior, Inc., 51 Kan. App. 2d 370 (2015), concerns a groundwater dispute between a senior water user and a junior water user in southwest Kansas. After filing a complaint against the junior user, the senior user sought an injunction against the junior user to stop their use of the groundwater. The District Court granted the injunction and the Court of Appeals affirmed the injunction in the case.…

    • 1146 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    BC Hydro Case Study

    • 336 Words
    • 2 Pages

    Back in 2014 the city of surrey filed an application in regards to having a storm sewer and storm water diversion system on land that was not owned by the city of surrey. The piece of land had been licensed to the southern railway of British Columbia and is owned by BC Hydro. The CTA approved of the project suggested by the city of surrey. This essay will discuss how the future implications of the decision made by the Canadian transportation agency will affect BC Hydro, the Southern Railway of British Columbia, and the city of surrey.…

    • 336 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Hernando De Soto Analysis

    • 746 Words
    • 3 Pages

    Hernando de Soto stated that capital is like energy and that it is a dormant value. However, we know how to create energy like burning wood in stove produces energy in the form of heat to cook food, boil water, or warm a home. The same cannot be said with capital. We have a pretty good idea what it is, but we are not as good at turning capital into economic potential. De Soto also defines capital as the parallel life of an asset.…

    • 746 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Imagine this… muddy water, fish dying, and smelly lakes. Yup. These were the descriptions of the U.S’s waterways before 1972. We were in serious trouble. Some waterways became wasteland of smelly water and floating sludge.…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Gut Dam Case Study

    • 143 Words
    • 1 Pages

    One of the most vital resources is water and since water does not recognize boundaries, it gave rise to international disputes. One of the issues that may arise is when a downstream state builds a dam which could cause flooding to the state upstream. One case example is the Gut Dam Case when Canada built a dam with the US consent in the St. Lawrence River located between US and Canadian territory. The purpose with the dam was to enrich the navigation on the river but sadly, Lake Ontario's water level increased and caused flooding damages on the citizens of the US in the area. However, the US gave its consent on two conditions: Canada shall remedy effects on the water levels of the Lake Ontario, the St. Lawrence River, and Canada shall compensate…

    • 143 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Clean Water Act was passed by the Congress in 1972. This Act protects all the “waters of the United States” and it still remains one of the most important tools that is used to try and protect our waters. This a good example of one public policy in place now that aims to improve some aspect of environmental sustainability because it regulates pollutant leaks into the water. With lots of streams at risk of pollution, our drinking water also is at risk with fish and wildlife species being at risk as well. So, the Environmental Protection Agency and the Army Corps of Engineers released their proposed rule, which clarify which are the waters that are protected under the Clean Water Act.…

    • 911 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Driven by the High Court’s interpretation of the Constitution, particularly section 51, among others, it allows the Commonwealth to legislate on matters that would otherwise be State responsibilities. These powers were first expanded in the High Court’s ruling on the Dam case (1983), and demonstrates an affirmation of the cooperative relationship that the Commonwealth and States require to function effectively, but more importantly, act responsibly. Further cases have served only to bolster the Commonwealth’s ability to overrule States in areas of policy not normally within their legislative reach. Woodward (2010: 163) surmises this “Since 1901, the role of the Commonwealth as the national government has become increasingly important [and dominant], both domestically and in Australia’s relations with the rest of world - and to a large extent this has been at the expense of the States”. The power of the Commonwealth to regulate of a wide range of matters where it has no explicit constitutional power such as health, education, transport, the media and universities was affirmed…

    • 1054 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    Clean Water Act Of 1972

    • 247 Words
    • 1 Pages

    Problems Addressed by the Statute: The Clean Water Act of 1972 (CWA) was passed by Congress so that there would be regulatory precedents over water pollution. It was enacted to maintain the natural integrity of water across the United States and to prevent sources of pollution from contaminating water sources themselves. In addition, this act helps maintain the public’s health by preventing gastrointestinal illness, reproductive problems, and neurological disorders that all arise from water contamination. Not unlike the previous acts discussed, the CWA is also managed under the EPA. Before this act was put in place by Congress, the Federal Water Pollution Control Act (FWPCA) was the only law in accordance to water pollution; it was passed in…

    • 247 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    1. Hi my name is Taylor and I chose to study the serve water crisis happening in California. This water crisis has a start date of 2012 but in reality has been going on for much longer than that.…

    • 1382 Words
    • 6 Pages
    Improved Essays