The Tulane Environmental Law Journal will be publishing a written symposium entitled Changing Currents: Perspectives on the State of Water Law & Policy in the 21st Century in April 2010.

As part of that project, we are currently seeking manuscripts discussing a conflict or compromise affected by current laws governing water resources. 

If you have an unpublished manuscript that discusses a contemporary issue in water law, please submit it to us no later than January 5, 2010.  We will review your submission, and get back to you promptly with our decision on whether to include it in our publication.

Should you consider submitting, please ensure that your manuscript conforms to our Guidelines for Submissions and that you agree with the terms of our standard License Agreement.

Please feel free to contact Lara Benbenisty, our Articles Editor, or Claire Yancey, our Editor in Chief, for further information.

For clarification and convenience, we have prepared an outline of various topics you may wish to consider including or commenting upon in your submission:

Jurisdiction.  The question of which waters are subject to federal and state jurisdiction is becoming increasingly important.  Articles might consider federal jurisdiction under the Clean Water Act and Rivers and Harbors Act, as well as the nature and extent of state jurisdiction over navigable and nonnavigable waters.  Particular attention might be directed to the imminence of jurisdictional risk, given the phenomenon of sea-level rise.  It is important to think about to what extent water is an article of commerce and to what extent states can assert a special interest in husbanding water to benefit its citizens and future development.

Quality. With a new Administration and growing concerns about the quality of our nation’s waters – ranging from traditional pollutants and nutrients to the effect of trace chemicals and medicines in our waters – this is an ideal time for an article about developments in this realm.

Supply.  The challenges posed by a changing climate, rising seas, and dwindling fresh water supply are coming up in legislatures, the news, and increasingly the courts.  An article in this area to highlight emerging issues and new legal and policy trends would be beneficial
Ecosystem Stewardship and Resilience.  It is increasingly the policy of states and the federal government to manage waters at the ecosystem level and for comprehensive purposes.    Is this really working?  What needs to change for it to work (or work better)?  How do aspects of state and federal law and policy impede effective stewardship?  When government is pressured to act, what guides decisions about the relative importance and priority of navigation, flood control, irrigation, and ecosystem stewardship?  These and other related questions are recurring ones that are now starting to get high-level attention that would make an article in this vein desirable.

Energy and Climate.  Water is increasingly a limiting factor on developing domestic and “greener” energy supplies.  The question of where water fits in this emerging policy landscape and what laws control is timely.  Similarly, the interplay of state and federal law, in an area which is rapidly becoming a federal policy priority, has become increasingly complex and worthy of discussion.

Public Trust and Environmental Justice.  As demand for fresh water grows and supplies become shorter and localized, what role can/should market forces play in allocating those supplies?  To what extent do public trust and notions of justice and equity play in the question of who controls access to water.

Native Americans and Indigenous Peoples. While treaties have reserved water rights for Native American tribes, the vague language of those treaties has proven difficult to enforce.  Fish and other natural resources are an important part of many tribes' way of life.  Conflicts arise with threats to water quality and quantity.

International Controversies. Economic (as well as environmental) perspectives come into play in discussing water rights, boundaries, and conflicts among nations. 

Ecosystem Stewardship and Resilience. It is increasingly the policy of states and the federal government to manage waters at the ecosystem level and for comprehensive purposes. Is this really working? What needs to change for it to work (or work better)? How do aspects of state and federal law and policy impede effective stewardship? When government is pressured to act, what guides decisions about the relative importance and priority of navigation, flood control, irrigation, and ecosystem stewardship? These and other related questions are recurring ones that are now starting to get high-level attention that would make an article in this vein desirable.