Court : US Supreme Court
..... legislation in california authorizes the creation not only of irrigation districts, but of water conservation districts, water storage and conservation districts, flood control districts, and water storage districts such as appellee. ..... dams had to be constructed to impound in their reservoirs the flow of the rivers at flood stage for later release during the dry season regimen of these streams. ..... are authorized to plan projects and execute approved projects "for the acquisition, appropriation, diversion, storage, conservation, and distribution of water. . . . ..... the end of the rainy season in the early spring, farmers depended entirely upon water from such streams and rivers until the rainy season again began in the fall. ..... snow in the high mountains in the spring, small streams became roaring freshets and the rivers they fed carried the potential for destructive floods. ..... 151 -154 (1896), in which the constitutionality of california's wright act was sustained against claims of denial of due process under the fourteenth amendment to the united states ..... particular type of local government unit whose organization is challenged on constitutional grounds in this case is a water storage district, organized pursuant to the california water storage district act, calif.water code 39000 et seq. ..... footnote 2/4 ] since 1938, sharecroppers have been included in federal regulations defining "farmers" who are entitled to vote on referenda concerning marketing quotas under the agricultural adjustment act .....
Tag this Judgment!Court : US Supreme Court
..... district court has broad discretion to grant or decline to grant declaratory judgment, the court did not require application of the test articulated in colorado river water conservation dist. v. ..... the question for a district court presented with a suit under the declaratory judgment act, the court found, is "whether the questions in controversy between the parties to the federal suit, and which are not foreclosed under the applicable substantive law, can better be settled in the proceeding ..... circumstances virtually identical to those present here, the court in brillhart made clear that district courts possess discretion in determining whether and when to entertain an action under the declaratory judgment act (act), even when the suit otherwise satisfies subject matter jurisdiction. ..... like the court of appeals, we conclude only that the district court acted within its bounds in staying this action for declaratory relief where parallel proceedings, presenting opportunity for ventilation of the same state law issues, were ..... court established that the colorado river "exceptional circumstances" test, rather than the more permissive brillhart analysis, governs a district court's decision to stay a suit to compel arbitration under 4 of the arbitration act in favor of pending state ..... district courts possess discretion in determining whether and when to entertain an action under the declaratory judgment act, even when the suit otherwise satisfies subject matter jurisdictional prerequisites. .....
Tag this Judgment!Court : Supreme Court of India
..... growth can supersede the concern for environmental protection and whether sustainable development which can be achieved only by way of protecting the environment and conserving the natural resources for the benefit of humanity and future generations could be ignored in the garb of economic growth or compelling human necessity. ..... (c) no.2924/2014 stating that the central government, ministry of environment, forests and climate change, in exercise of the powers conferred by section 3(2) and (3) of the environment (protection) act, 1986 read with rule 5(3) of the environment (protection) rules, 1986 notified an area of 1050 hectares, to an extent varying from 2.0 kilometers to 2.75 kilometers from the boundary of sukhna wildlife ..... level and enactment of wildlife act in 1972 laid the foundation of present day wildlife conservation era in post independent india ..... it was founded on the ideas that certain common properties such as rivers, seashore, forests and the air were held by government in trusteeship ..... to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; 29 ..... in article 51 a(g) is to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. ..... under: the source of modern public trust law is found in a concept that received much attention in roman and english law the nature of property rights in rivers, the sea, and the seashore. .....
Tag this Judgment!Court : US Supreme Court
..... 339, 340-341, providing for the conveyance of united states properties "used for the sole purpose of conservation and protection of the fisheries and wildlife of alaska," contemplated transfer to the state of the same measure of administration and jurisdiction over fisheries and wildlife as possessed by other states, ..... the secretary of the interior felt that the fish trap's threat to conservation could be adequately dealt with by regulating the number of fish permitted ..... congress, in 1889, in 1896, in 1906, and again in 1924, enacted conservation measures, prohibiting any obstruction of waters to impede salmon migration, limiting the times and means of taking salmon, page ..... that statute permitted the secretary, for conservation purposes, to limit the taking of salmon in areas of his designation, page ..... this authorization by a state conservation law forbidding the use of salmon ..... in the state of alaska on or over any of its lands, tidelands, submerged lands, or waters; provided nothing in this section shall prevent the operation of small hand-driven fish traps of the type ordinarily used on rivers of alaska which are otherwise legally operated in or above the mouth of any stream or river in alaska; nor shall this act be construed so as to violate sec. ..... to allow fish traps necessarily involves his judgment on a complex of facts, his evaluation of the relative weights of the indians' need for traps, and of the impact of traps at metlakatla on the state's interest in conservation. .....
Tag this Judgment!Court : US Supreme Court
..... the legislative debates surrounding the organic administration act of 1897 and its predecessor bills demonstrate that congress intended national forests to be reserved for only two purposes -- "[t]o conserve the water flows, and to furnish a continuous supply of timber for the people ..... the court disagreed: "it is impossible to believe that, when congress created the great colorado river indian reservation and when the executive department of this nation created the other reservations, they were unaware that most of the lands were of the desert kind -- hot, scorching sands -- and that water from the river would be essential to the life of the indian people and to the animals they hunted and the crops they ..... [ footnote 20 ] "[f]orests exert a most important regulating influence upon the flow of rivers, reducing floods and increasing the water supply in the low stages. ..... for the adjudication of rights to the use of water of a river system or other source," including the reserved rights of the united states ..... [ footnote 9 ] when, as in the case of the rio mimbres, a river is fully appropriated, federal reserved water rights will frequently require a gallon-for-gallon reduction in the amount of water available for water-needy state and private ..... -523 (1971); colorado river water cons. ..... the arid parts of the west, however, claims to water for use on federal reservations inescapably vie with other public and private claims for the limited quantities to be found in the rivers and streams. .....
Tag this Judgment!Court : US Supreme Court
..... purpose of irrigating public lands of the united states, or for the specified purpose of regulating the flow and preventing floods in this interstate river; or as a means of conserving and apportioning its waters among the states equitably entitled thereto, or for the purpose of performing international obligations. p. ..... part thereof be decreed to be unconstitutional, void, and of no effect; that the defendants and each of them be permanently enjoined and restrained from enforcing or carrying out said compact or said act, or any of the provisions thereof, and from carrying out the three pretended contracts hereinabove referred to, or any of them, or any of their provisions [meaning certain contracts executed by wilbur ..... by the terms of which they will not be entitled to appropriate any water in excess of that to which there are now perfected rights in arizona, and that the act prevents arizona, and those claiming under her, from acquiring necessary rights of way over lands of the united states for the irrigation of arizona land, by subjecting such rights to the compact ..... and approved under the state's laws which look to appropriation of a large part of the unappropriated water of the river, and which would irrigate an immense area in the state, including a large area of state land; that the needed appropriations will be prevented because, under the act, it is proposed to store the entire unappropriated flow at the dam, and arizona, and those claiming under her ..... act of july 5, 1884 .....
Tag this Judgment!Court : US Supreme Court
..... 1931, it obtained from the state conservation commission a state license and permit to appropriate the waters of grand river for beneficial use, to construct a dam on that river, and there to develop hydroelectric power ..... 375 there also has been a suggestion made of the possible materiality in this case of those provisions of the federal power act which relate to the price to be paid by the united states in the event that it takes over the project of a licensee upon or after the expiration of ..... [ footnote 11 ] even in a condemnation action brought in a district court of the united states under authority of the federal power act, the practice and procedure is to conform as nearly as may be with that in the courts of the state where the property ..... the federal question in this action for condemnation under oklahoma law is whether the federal power act [ footnote 1 ] had so far affected the use or value of certain land for power site purposes as to render inadmissible expert testimony which gave recognition to that land's availability for ..... 368 -369 of this opinion, that the grand river dam authority act did not deprive the respondent of its right to compensation from the petitioner for the value of the dam ..... different result from that here reached is not required by provisions of the federal power act relating to the determination of the rate base of a federal licensee, nor by provisions of the act relating to recapture of a project by the united states upon expiration of a federal .....
Tag this Judgment!Court : US Supreme Court
..... 746 the purposes of the wyoming act are "to provide for the prevention and control of erosion, floodwater and sediment damages, and the storage, conservation, development, utilization, and disposal of water." id. ..... first, a petition proposing the creation of such a district must be filed with the board of supervisors of the soil and water conservation district in which the proposed watershed district will lie. ..... the issues i tender are disposed of by the suggestions that the members of the legislature of wyoming passed the act now challenged, that they represented the people of wyoming, and that they could therefore put the landowners in command of the environmental problems tendered by this case. ..... and a precondition to their formation referendum is a determination by a board of supervisors of the affected conservation district, popularly elected by both occupiers page 410 u. s. ..... " it is also inconceivable that a body with the power to destroy a river by damming it, and so deprive a watershed of one of its salient environmental assets, does not have " sufficient impact " on the interests of people generally to invoke the principles of avery and hadley. ..... dams substitute a reservoir for a river and wipe out the varied life of a river course, including its wildlife, canoe waters, camping and picnic grounds, and nesting areas of birds. ..... 751 turn rivers into flumes or to destroy them by erecting dams to build reservoirs. .....
Tag this Judgment!Court : US Supreme Court
..... related employment sectors; and ''whereas, another benefit of this law is an additional $31 million of taxable income has been generated through the purchases of oklahoma mined coal; and ''whereas, the grand river dam authority has failed to comply with said law and has refused to recognize the intent of the oklahoma state legislature to utilize oklahoma mined coal. ..... 439 also rejected is its contention that restricting the purchase of wyoming's cleaner coal now conserves that coal for future use, since wyoming will have coal for several hundred years at current extraction rates, and since the argument, raised for the first time in oklahoma's brief ..... to doubt wyoming's unrebutted factual response to this argument: reserves of low sulfur, clean-burning, sub-bituminous coal from the powder river basin are estimated to be in excess of 110 billion tons, thus providing wyoming coal for several hundred years at current rates of ..... , by requiring the utilities to supply 10% of their needs for fuel from oklahoma coal, which because of its higher sulfur content cannot be the primary source of supply, the state thereby conserves wyoming's cleaner coal for future use. ..... four oklahoma electric utilities subject to the requirements of the act are oklahoma gas and electric company, public service company of oklahoma, and western farmers electric cooperative, all privately owned, and the grand river dam authority (grda), an agency of the state ..... fuel transporter, and 2) conserving needed low-sulfur coal .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... secure the full and integrated development of any special area; (c) to optimize agricultural productivity and employment potential and to generate and secure economic and agricultural development within any special area; (d) to conserve and maintain the physical environment within any special area; (e) to further the general welfare and cultural progress of the community within any special area and to administer the affairs of such area; ..... states as follows:- within the following areas whether or not the areas are wholly or partly within the coastal zone: any erodible area declared under the soil conservation act (chapter 450). ..... follows:- agricultural development authority incorporation order agrarian services act animals act co-operative societies law entertainment tax ordinance fauna and flora protection ordinance flood protection ordinance forest ordinance irrigation ordinance land development ordinance mahaweli development board act mines and minerals law national water supply and drainage board law paddy marketing board act river valleys development board act sale of state lands (special provisions) law ..... time by order published in the gazette declare any area which in the opinion of the minister can be developed with the water resources of the mahaweli ganga or of any major river to be a special area (hereinafter referred to as special area? ..... from manmade constructions across a river of a stream to store ..... from manmade constructions across a river or stream to store or .....
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