Document Type

Article

Publication Date

1997

Publication Citation

17 Natural Areas Journal 30 (1997)

Abstract

This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, regulating alteration of lake levels, and setting minimum streamflows hold great potential for incorporating biodiversity concerns.

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