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Allocating ground water in the Great Lakes Basin : an anaylsis [i.e. analysis] of international and domestic law and policyMorris, Timothy James 05 1900 (has links)
Ground water is a critical element of the ecosystem in the Great Lakes Basin. It is an
integral component of a dynamic hydrological system that is the lifeblood for this region's
remarkable natural diversity. It is also an important human resource. Unfortunately,
intensive ground water withdrawals are resulting in negative consequences that are often
hidden from view but which are causing social conflicts and environmental degradation.
This thesis considers the failure of courts and governments to implement laws for
allocating ground water rights according to hydrological reality and the collective interests
of affected communities. Legal mechanisms are rooted in the nineteenth and early
twentieth centuries. Despite rapid growth and the considerable pressure now exerted on
ground water resources, courts and governments continue to allow, and even encourage
unrestricted ground water withdrawals.
The underlying ideology of state institutions within the Basin is contributing to the
systematic undervaluation of environmental and long term interests of present and future
generations. A reinvigorated concept of sustainability, one that is based on the ideals of
deliberative democracy, would better represent these interests in decisions concerning
the allocation of ground water.
Through the process of ground water allocation planning, decision-making can be guided
into a preventative and community-oriented approach that more accurately reflects the
long term interests of the Basin. / Law, Peter A. Allard School of / Graduate
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