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    • Hydrology and Water Resources in Arizona and the Southwest, Volume 02 (1972)
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    Some Legal Problems of Urban Runoff

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    Author
    Holub, Hugh
    Affiliation
    College of Law, University of Arizona, Tucson
    Issue Date
    1972-05-06
    Keywords
    Hydrology -- Arizona.
    Water resources development -- Arizona.
    Hydrology -- Southwestern states.
    Water resources development -- Southwestern states.
    Legal aspects
    Urban runoff
    Southwest U.S.
    Arid lands
    Urbanization
    Beneficial use
    Watershed management
    Floods
    Water rights
    Land use
    Regulation
    Banks
    Flood plains
    Condemnation
    Parks
    Easements
    Financing
    Zoning
    Coordination
    Storm drains
    Diversion
    Recreation facilities
    Flood control
    Legislation
    Tort liability
    Litigation
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    Copyright ©, where appropriate, is held by the author.
    Collection Information
    This article is part of the Hydrology and Water Resources in Arizona and the Southwest collections. Digital access to this material is made possible by the Arizona-Nevada Academy of Science and the University of Arizona Libraries. For more information about items in this collection, contact anashydrology@gmail.com.
    Publisher
    Arizona-Nevada Academy of Science
    Journal
    Hydrology and Water Resources in Arizona and the Southwest
    Abstract
    Pressure is being brought to bear on national resources of air, earth, and water in the growing cities in the arid southwest. Legal questions involved in capturing urban runoff and putting it to a beneficial use are examined. Urbanization of a watershed results in a 3 to 5 fold increase in runoff amounts. Legal aspects include tort liability from floods, water rights to the increased flows, land use restrictions along banks and flood plains, condemnation of land for park development and flowage easements, financing problems, zoning applications, and coordination of governmental bodies responsible for parks, storm drainage and related services. Urban runoff is the most obvious legal problem in the tort liability area. It appears feasible to divert small quantities of water from urban wastes for recreational uses which provide flood control benefits. It appears that municipalities could appropriate increased flows caused by urbanization. The ultimate legal questions remain to be resolved by legislation, litigation or extension of the appropriative system.
    ISSN
    0272-6106
    Collections
    Hydrology and Water Resources in Arizona and the Southwest, Volume 02 (1972)

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