DOCSLIB.ORG

Wisconsin Water Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Wisconsin Water Law G3622 Wisconsin Water Law A Guide to Water Rights and Regulations SECOND EDITION Paul G. Kent Tamara A. Dudiak Wisconsin Water Law A Guide to Water Rights and Regulations Paul G. Kent Tamara A. Dudiak University of Wisconsin-Extension Cooperative Extension University of Wisconsin-Stevens Point Copyright ©2001 by the Board of Regents of the University of Wisconsin System Contents Second Edition Foreword, p. viii Acknowledgments for the Second Edition, p. ix First Edition Forward, p. x About the authors, p. xii Chapter 1 Water Rights: Definitions, p. 1 Classifying Water Resources, p. 1 Natural Streams and Lakes, p. 2 Artificial Streams and Lakes, p. 2 Diffused Surface Water, p. 3 Groundwater, p. 3 Wetlands, p. 3 Navigability, p. 4 Water Boundaries, p. 5 Ordinary High Water Mark, p. 5 Meander Lines, p. 6 Bulkhead Lines, p. 6 Chapter 1 Notes, p. 7 Chapter 2 Public and Private Rights in Surface Waters, p. 11 Public Rights in Surface Waters – the Public Trust Doctrine, p. 11 Development of the Trust Doctrine, p. 11 Scope of the Public Trust, p. 12 Public Access Limitations, p. 12 Private Rights in Surface Waters – Riparian Rights, p. 13 Ownership and Use Rules for Natural and Artificial Surface Waters, p. 15 Delineating Riparian Lands, p. 16 Changes in Water Boundaries, p. 16 Conveyance of Lake Bed, p. 17 Chapter 2 Notes, p. 19 ii Wisconsin Water Law – A Guide to Water Rights and Regulations Chapter 3 Regulatory Jurisdiction Over Waters, p. 23 State Regulations, p. 23 Regulatory Authority, p. 23 State Agencies, p. 24 Local Government Regulation, p. 24 Types of Local Government, p. 24 Regulatory Authority, p. 25 Federal Regulations, p. 26 Regulatory Authority, p. 26 Federal Agencies, p. 27 Interstate Compacts and Agreements, p. 27 Tribal Regulations, p. 28 Tribal Jurisdiction, p. 28 Tribal Jurisdiction on Reservation Land, p. 29 Tribal Jurisdiction on Off-Reservation Land, p. 30 Chapter 3 Notes, p. 32 Chapter 4 Shoreland and Floodplain Management Issues, p. 37 Agencies Regulating Activities in Shorelands and Floodplains, p. 37 Zoning Restrictions on Shoreland Development, p. 38 Scope of Shoreland Zoning, p. 38 Shoreland Zoning Requirements, p. 39 Lake Classification, p. 41 Shoreland Zoning Administration, p. 42 State Regulation of Shoreland Activities, p. 43 Scope of State Regulations, p. 43 Regulation of Specific Activities, p. 44 Grading on Banks, p. 44 Constructing a Pond, p. 45 Beach Development, p. 45 Erosion Control and Riprap Placement, p. 45 Boat Shelters and Boathouses, p. 46 Regulation of Floodplain Areas, p. 47 Requirements for Floodplain Zoning, p. 47 Delineation of the Floodplain, p. 47 Floodplain Restrictions, p. 49 Floodways, p. 49 Floodfringe, p. 50 Chapter 4 Notes, p. 51 Wisconsin Water Law – A Guide to Water Rights and Regulations iii Chapter 5 Lake and Stream Management Regulations, p. 57 Agencies Regulating Activities in Streams and Lakes, p. 57 Regulations that Apply to the Placement of Structures and Fills in Streams and Lakes, p. 58 General State and Federal Requirements, p. 58 Regulation of Specific Structures and Fill Activities Under Chapter 30, p. 58 Piers and Wharfs, p. 59 The Need for a Permit, p. 59 Riparian Zones, p. 61 Permit Standards, p. 62 Riparian Easements and Dockominiums, p. 63 Pilings and Other Structures, p. 64 Fish and Bird Habitat Structures, p. 64 Water Ski Platforms and Jumps, p. 64 Fishing Rafts, p. 65 Swimming Rafts, p. 65 Fords and Boat Landings, p. 65 Bridges and Culverts, p. 65 Dredging, Construction and Alteration of Waterways, p. 67 Dredging Requirements, p. 67 Construction and Alteration of Waterways, p. 67 Surface Water Withdrawal, p. 68 Diversions for Irrigation or to Maintain Water Levels, p. 69 Large Scale Diversions, p. 70 Boating Regulations, p. 70 Fish and Aquatic Life Management, p. 71 Regulation of Fishery Resources, p. 71 Aquatic Plant Management, p. 72 Chapter 5 Notes, p. 73 Chapter 6 Dams and Flowages, p. 79 Agencies Regulating Dams, Flowages, and Artificial Ponds, p. 79 Regulations that Apply to the Construction and Operation of Dams, p. 80 General State Law Requirements, p. 80 Special State Provisions for Mill Dams and Cranberry Dams, p. 81 Federal Law Requirements, p. 81 iv Wisconsin Water Law – A Guide to Water Rights and Regulations Public and Private Rights in Flowages, p. 82 Rights of the Dam Owner to Create a Flowage, p. 82 Public and Private Rights to Flowed Lands, p. 83 Removal and Abandonment of Dams, p. 83 Regulatory Restrictions on Dam Removal, p. 84 Private Rights in Maintaining Dams, p. 84 Regulation of Lake Levels, p. 85 Chapter 6 Notes, p. 86 Chapter 7 Water Drainage, p. 91 Agencies Regulating Water Drainage, p. 91 Private Rights of Drainage, p. 91 Common Law Rights, p. 91 Statutory Rules Governing Drainage, p. 93 Private Drains, p. 93 Road and Railroad Embankments, p. 93 Drainage Obstructions, p. 93 Cranberry Law Provisions, p. 94 Drainage Districts, p. 94 Chapter 7 Notes, p. 97 Chapter 8 Discharges of Pollutants to Surface Waters, p. 99 Agencies that Regulate Pollutant Discharges to Surface Waters, p. 99 Regulation of Discharges to Surface Water, p. 100 Persons Required to Obtain a Discharge Permit, p. 100 Discharge Permit Limits, p. 101 WPDES Permit Process, p. 102 Enforcement of Permit Limits, p. 103 Regulation of Discharges to Public Sewers, p. 104 Discharge Permit Limits, p. 104 Operation and Financing of POTWs and Sewerage Systems, p. 104 Sewer Service Areas, p. 105 Wastewater Treatment Plant Approvals, p. 106 Regulation of Stormwater and nonpoint Discharges, p. 107 nonpoint Planning under the Clean Water Act, p. 108 Priority Watershed Program, p. 109 Wisconsin Water Law – A Guide to Water Rights and Regulations v Agricultural nonpoint Programs, p. 109 Livestock Operations, p. 109 Soil Erosion Control, p. 110 Urban nonpoint Regulations and Stormwater Management, p. 111 Stormwater from Industrial Sites and Construction Sites, p. 111 Municipal Stormwater Management, p. 112 Proposed nonpoint Source Redesign, p. 113 Agricultural nonpoint Redesign, p. 114 Urban nonpoint Redesign, p. 115 Common Law Restrictions on Discharges to Surface Waters, p. 115 Chapter 8 Notes, p. 117 Chapter 9 Groundwater Law, p. 125 Agencies Regulating Groundwater, p. 125 Groundwater Withdrawal, p. 125 Common Law Restrictions, p. 125 Groundwater Withdrawal Regulations, p. 126 Standards that Apply to Groundwater Quality, p. 126 Drinking Water Standards, p. 126 State Groundwater Standards, p. 127 Local Zoning, Wellhead Protection, and Source Water Assessment, p. 128 Capacity Development Program, p. 129 Regulation of Activities to Prevent Contamination, p. 129 Remedies for Contaminated Groundwater, p. 129 Regulatory Responses to Contaminated Groundwater, p. 130 Well Compensation Program, p.131 Chapter 9 Notes, p. 133 Chapter 10 Wetland Regulations, p. 137 Agencies Regulating Wetlands, p. 137 Wetland Definitions, p. 138 Federal Regulation Under Section 404, p. 139 Wetlands Regulated Under Section 404, p. 139 Individual Permits, p. 139 General Permits, p. 140 vi Wisconsin Water Law – A Guide to Water Rights and Regulations Nationwide Permits, p. 140 General Regional Permits, p. 141 State Water Quality Certification of Section 404 Permits, p. 142 Federal Regulation of Agricultural Practices in Wetlands, p. 143 Section 404 Provisions, p. 143 Swampbuster Provisions, p. 143 Local Regulation – Shoreland/Wetland Zoning, p. 144 Scope of Shoreland/Wetland Zoning, p. 144 Implementation of Shoreland/Wetland Zoning Ordinances, p. 145 DNR Review and Approval, p. 146 State Wetland Regulations, p. 147 DNR General Wetlands Policy, p. 147 NR 103 – Water Quality Standards for Wetlands, p. 147 Wetland Mitigation, p. 149 Chapter 10 Notes, p. 150 Chapter 11 Remedies, p. 155 Remedies Available Through Private Lawsuits, p. 155 Property Right Actions, p. 155 Common Law Tort Actions, p. 156 Tort Law Remedies, p. 157 Remedies Available Through Participation in Permit Proceedings, p. 158 Public Hearings, p. 158 Contested Case Hearing, p. 158 Judicial Review, p. 159 Local Proceedings, p. 160 Enforcement Proceedings, p. 162 Chapter 11 Notes, p. 164 Appendices Index of Key Words, p. 168 Appendix A: Agency Contacts, p. 173 Appendix B: Selected DNR and Extension Publications on Water Rights and Regulations, p. 179 Appendix C: Bibliography, p. 184 Table of Wisconsin Regulatory Authorities by Activity, p. 186 Index of Cases, p. 188 Index of Statutes and Regulations, p. 197 Wisconsin Water Law – A Guide to Water Rights and Regulations vii Foreword to Second Edition: When this volume was originally conceived by Professor Donald Last, the hope was that this volume would serve both as a readable primer for the general public as well as a reference for public officials, lawyers and others with water law questions. As this volume approached its five year point, it became clear that there were enough changes in the law that the usefulness of this volume was beginning to fade. Don then spearheaded an effort to update the original volume, resulting in this collaborative effort between the original author, Attorney Paul Kent, and Tamara Dudiak, an attorney and lake management specialist at UW–Extension and the University of Wisconsin–Stevens Point. This volume attempts to capture some of the significant change in water law for the past five years, including shoreland zoning, nonpoint pollution control and wetland regulation. It also provides expanded treatment of some areas which have become more controversial in recent years, including the scope of water law jurisdiction by Indian tribes, DNR’s policy with respect to piers and similar lake structures, and municipal sewer service issues. However, some of the most important changes are only found in the footnotes and references. Significant statutory renumbering has taken place since the first edition and all statutory references have been updated. In addition, new case law and other new resources including general web sites are now included as part of this reference. Paul G.
Load more

Recommended publications
  • 20200619 PA 4399 PW 00630 PN 79547 Gulf County EA Rough Draft
    ENVIRONMENTAL ASSESSMENT Draft Environmental Assessment Gulf County Emergency Coastal Dune Construction FEMA-4399-DR-FL Gulf County, Florida June 2020 U. S. Department of Homeland Security Region IV – Atlanta, GA 1.0 TABLE OF CONTENTS 2.0 APPENDICES ...........................................................................................................................4 3.0 ACRONYMS AND ABBREVIATIONS ..................................................................................5 4.0 INTRODUCTION .....................................................................................................................6 5.0 PURPOSE AND NEED .............................................................................................................6 6.0 ALTERNATIVES......................................................................................................................7 6.1 Alternative 1 – No Action Alternative ...........................................................................7 6.2 Alternative 2 – Construct the Emergency Coastal Dune System (Preferred Alternative) ....................................................................................................................7 6.3 Alternative 3 – Full Reconstruction of the Coastal Dune System .................................7 7.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES ...................8 7.1 Impact Significance and Context Evaluation Criteria for Potential Impacts .................8 7.2 Potential Environmental Consequences .........................................................................8
    [Show full text]
  • Flambeau Flowage Watershed Wisconsin Watersheds
    Wisconsin Flambeau Flowage Watersheds Watershed 2014 Water Quality Management Plan Update Upper Chippewa Basin, Wisconsin May 2015 Th e Flambeau Flowage Watershed is located primarily in Iron County with smaller sections in northwest Vilas County and northern Price County. It has an area of 247 square miles. Th e Turtle-Flambeau Flowage is the largest water- body at 12,942 acres. Th ere are numerous other lakes. Th e Turtle River passes through many of the lakes and is the largest stream. Th e lower end of the Manitowish River is also present. Th e watershed is minimally developed, with 99% of its area consisting of forest, wetland, and open Contents water. Watershed Details . 1 Population and Land Use . 1 Hydrology . 2 Ecological Landscapes . 2 Map 1: Flambeau Flowage Watershed Historical Note . 3 Watershed Condition . 3 Watershed Details Overall Condition . 3 River and Stream Condition . 3 Population and Land Use Lake Health . 5 Wetland Health . 5 Groundwater . 6 Table 1: Flambeau Flowage Watershed Land Use Flambeau Flowage Watershed Point and Nonpoint Pollution . 7 Waters of Note . 8 Percent of (UC14) Land Use Percentages Land Use Acres Trout Waters . 8 Area 0.5% Outstanding & Exceptional Resource Forest 74,158.45 46.88% Forest 19% Waters . 8 Wetland 52,456.72 33.16% Impaired Waters. 9 Open Water & Wetland Fish Consumption . 9 Open Space 30,232.58 19.11% 47% Aquatic Invasive Species . 10 Agriculture 788.61 0.50% Ope n Wate r & Species of Special Concern . 10 Grassland 265.09 0.17% Open Space State Natural and Wildlife Areas . 10 Suburban 252.42 0.16% Urban 43.59 0.03% 33% Agriculture Watershed Actions .
    [Show full text]
  • CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS with CONVEYANCING
    CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS WITH CONVEYANCING THREE THINGS THAT WILL ALWAYS EXIST: DEATH, TAXES & A&D. AS OUR INDUSTRY EVOLVES WE FIND NEW SOLUTIONS IN A&D 2 CAPLA Complications with Conveyancing 1. NON CONSENT on a Transaction (Land Contract) 2. AER STATEMENT OF CONCERN (SOC) 3. WELLS ABANDONED/STATE OF SUSPENSION 4. DELINQUENT PARTIES 5. NEW AER DIRECTIVE 067 3 COMPLICATIONS WITH CONVEYANCING NON CONSENT (LAND CONTRACT) BACKGROUND: IMPROVEMENTS IN LAND ADMINISTRATION Since the Assignment Procedure in 1993 was adopted by Industry with the use of the Notice of Assignment (NOA), the Assignment and Novation (A&N) has been nearly taken out of the equation in our Land Agreements. Accounting records that were a nightmare were eventually aligned with Land contractual records. UNSIGNED A&Ns CAUSED A BACKLOG AND THE ACCOUNTING NIGHTMARE WAS EASED WITH NOAS PAVING THE WAY. NOTICE OF ASSIGNMENT TOOK THE INDUSTRY BY STORM TIME CERTAINTY WITH BINDING DATE AND NO THIRD PARTY SIGNATURES 4 NOTICE OF ASSIGNMENT - CONSENT: ASSIGNOR – TRUSTEE AND ASSIGNEE – BENEFICIARY TO AGENT FOR ASSIGNEE FROM THE ASSIGNOR FROM THE EFFECTIVE EFFECTIVE DATE TO BINDING DATE DATE TO BINDING DATE AND AND REMAINS THE RECOGNIZED BECOMES RECOGNIZED INTO THE PARTY OF THE MASTER AGREEMENT MASTER AGREEMENT AS OF THE UNTIL THE BINDING DATE BINDING DATE EFFECTIVE BINDING DATE INTERESTS, DATE OBLIGATIONS, LIABILITIES THIRD PARTY – AGREES/CONSENTS TO RECOGNIZE AND ACCEPT ASSIGNOR AS TRUSTEE AND AGENT FOR ASSIGNEE. 5 COMPLICATIONS WITH CONVEYANCING A&N NOAS THIRD PARTY THIRD PARTY NON CONSENT - A&N PROBLEMATIC UNEXECUTED - PROBLEMATIC NOAS ASSIGNMENT CONSENT PROCEDURE 6 COMPLICATIONS WITH CONVEYANCING NON CONSENT (REFUSAL TO NOVATE) SENIOR, INTERMEDIATE, JUNIOR, START-UP COMPANIES ARE ALL AFFECTED UNTIL NOVATION OCCURS, THE VENDOR/ASSIGNOR REMAINS RECOGNIZED AND NOT THE PURCHASER/ASSIGNEE.
    [Show full text]
  • Upper Hiwassee/Coker Creek Assessment
    Cherokee National Forest USDA Forest Service Southern Region Roads Analysis Report Upper Hiwassee/Coker Creek Assessment September 2005 BACKGROUND On January 12, 2001, the National Forest System Road Management rule was published in the Federal Register. The adoption of the final rule revised the regulations concerning the management, use, and maintenance of the National Forest Transportation System. The purpose of this road analysis is to provide line officers with critical information to develop road systems that are safe and responsive to public needs and desires, are affordable and efficiently managed, have minimal negative ecological effects on the land, and are in balance with available funding for needed management actions. SCOPE The Upper Hiwassee/Coker Creek Assessment area is approximately 44,747 acres in size with approximately 21,468 of those acres National Forest System land (48% ownership). The majority of the assessment area (17,754 ac) is in Management Prescription (MP) 9.H of the Cherokee National Forest Revised Land and Resource Management Plan. Other MPs represented include: 4.F (443 ac), 7.B (2,126 ac), and 8.B (1,145 ac). Figure 1 displays the location of the analysis area within the Ocoee/Hiwassee Ranger District of the Cherokee National Forest. OBJECTIVES The main objectives of this road analysis are to: • Identify the need for change by comparing the current road system to the desired condition. • Inform the line officer of important ecological, social, and economic issues related to roads within the analysis area. EXISTING SYSTEM ROAD CONDITIONS Most of the study area is on National Forest System land, and of the roads assessed in and near the boundary of this study area, most are National Forest System Roads (NFSRs) under the jurisdiction and maintenance of the Forest Service.
    [Show full text]
  • Lake Michigan Shoreline Management
    Lake Michigan Shoreline Management National Sea Grant Law Center June 2019 This product was prepared by Terra Bowling, Research Counsel II, at the National Sea Grant Law Center under award number NA18OAR4170079 from the National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of NOAA or the U.S. Department of Commerce. The information contained in this report is legal research provided for education and outreach purposes and does not constitute legal advice or representation of Wisconsin Sea Grant, Illinois Coastal Management Program, or their constituents. NSGLC-19-04-04 Lake Michigan Shoreline Management Table of Contents Introduction ................................................................................................................................................................................. 3 Federal Laws ................................................................................................................................................................................ 4 What are the federal laws and regulations that guide shoreline management? ........................................... 4 Are there any USACE national or regional permits relevant to shoreline management that apply or could be adapted to Lake Michigan? .................................................................................................................................. 5 How does USACE
    [Show full text]
  • Water Law in Real Estate Transactions
    Denver Bar Association Real Estate Section Luncheon November 6, 2014 Water Law in Real Estate Transactions by Paul Noto, Esq. [email protected] Prior Appropriation Doctrine • Prior Appropriation Doctrine – First in Time, First in Right • Water allocated exclusively based on priority dates • Earliest priorities divert all they need (subject to terms in decree) • Shortages of water are not shared • “Pure” prior appropriation in CO A historical sketch of Colorado water law • Early rejection of the Riparian Doctrine, which holds that landowners adjacent to a stream can make a reasonable use of the water flowing through your land. – This policy was ill-suited to Colorado and would have hindered growth, given that climate and geography necessitate transporting water far from a stream to make land productive. • In 1861 the Territorial Legislature provided that water could be taken from the streams to lands not adjacent to streams. • In 1872, the Colorado Territorial Supreme Court recognized rights of way (easements), citing custom and necessity, through the lands of others for ditches carrying irrigation water to its place of use. Yunker v. Nichols, 1 Colo. 551, 570 (1872) A historical sketch of Colorado water law • In 1876 the Colorado Constitution declared: – “The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.” Const. of Colo., Art. XVI, Sec. 5. – “The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied.
    [Show full text]
  • Professor Crusto
    Crusto, Personal Property: Adverse Possession, Bona Fide Purchaser, and Entrustment New Admitted Assignment, Monday, May 11, 2020 ************************************** Please kindly complete in writing and kindly prepare for discussion for the online class on Friday, May 15, 2020, the following exercises: I. Reading Assignments (see attached below, following Crusto’s lecture notes): 1. Adverse Possession, Bona Fide Purchaser, Entrustment: pp. 116-118, 151-163: O’Keeffe v. Snyder (see attachment) and 2. Crusto’s Notes (below) II. Exercises: Exercise 1 Based on the cases and the reading assignment (above) and Crusto lecture notes (below), write an “outline” listing five legal issues for the personal property topics of 1. Adverse Possession, Bona Fide Purchaser, and Entrustment, and ten rules and authorities (one word case name or other source). Exercise 2 Answer the following questions, providing a one sentence answer for each question: 1. Provide three examples of personal (not real) property. 2. What are the indicia (evidence) of ownership of personal property? 3. How does a person normally acquire title to personal property? 4. What role does possession play in evidencing ownership of personal property? 5. What is meant by the maxim that “possession is 9/10s of the law”? 6. How, if ever, can a person acquire title to personal property by adverse possession? 7. What is a statute of limitations? 8. What role did the statute of limitations play in the O’Keefe case? 9. How does a person qualify as a bona fide purchaser? 10. What benefits result from such a qualification? 11. What is the rule of discovery? 12.
    [Show full text]
  • Irrevocable Assignment of Benefits, Authorization and Lien
    IRREVOCABLE ASSIGNMENT OF BENEFITS, AUTHORIZATION AND LIEN To Whom It May Concern: This Irrevocable Assignment of Benefits, Authorization and Lien (this “Assignment”) is made by and between (“Patient”) and The Therapy Network, L.C., and/or Health Care Alternatives and its affiliated physicians, hereinafter referred to in the singular as (“Provider”). With this Assignment, and in consideration of treatment without having to render concurrent payment, Patient, hereby irrevocably transfers, sets over and assigns to Provider all insurance and/or litigation proceeds to which Patient is now or may hereafter become entitled, including those listed below, up to the total amount due and owing the Provider for services rendered to the Patient by reason of accident or illness, including interest thereon, as well as any other charges that are due or may become due the Provider, including, without limitation, requested reports, collection costs and expenses and attorney’s fees, and Patient further hereby irrevocably authorizes and directs any insurance company and/or attorney to whom an original or copy of this Assignment is provided to withhold from Patient and pay directly to such Provider such amount(s) from (1) any insurance benefits payable to Patient or on Patient’s behalf, including, but not limited to, medical payments benefits, No Fault benefits, health and accident benefits, foundation grants, governmental or agency benefits, worker’s compensation benefits or any other insurance proceeds or benefits of any kind which are payable to or on behalf of the Patient, and (2) any litigation proceeds (which may include insurance proceeds) from any settlement, judgment or verdict in Patient’s favor as may be necessary to fully pay any and all financial obligations owed to the Provider by the Patient.
    [Show full text]
  • 17.01.05-Charitable Gifts and Assignment of Ownership Rights
    17.01.05 Charitable Gifts and Assignment of Ownership Rights Approved May 1, 2019 Next Scheduled Review: May 1, 2029 Regulation Summary This regulation defines how offers of intellectual property in exchange for royalty returns or charitable gifts to The Texas A&M University System (system) or its members are processed and the assignment of ownership rights to that intellectual property is affected. Definitions Click to view Definitions. Regulation 1. INTELLECTUAL PROPERTY OFFERS IN EXCHANGE FOR ROYALTY SHARING 1.1 If an owner of intellectual property chooses to offer to the system or member intellectual property in which the system has no claim in exchange for the sharing of royalties, the system or member chief executive officer (CEO) may accept ownership of the intellectual property through a process defined by the system, which has been approved by the System Office of General Counsel, provided that: (a) the owner makes the offer through the system or one of the members, and the intellectual property will be treated as if the intellectual property had been created within the system; (b) the owner agrees to all provisions (including the distribution of income provisions) of Policy 17.01, Intellectual Property Management and Commercialization and its related regulations; (c) the owner warrants that the owner owns all rights, title and interest to the intellectual property and that, to the best of the owner’s knowledge, the intellectual property does not infringe upon any existing intellectual property legal rights; (d) the owner discloses all existing licenses, options and encumbrances for that intellectual property and warrants that what is disclosed are all of the existing licenses, options and encumbrances for that intellectual property; and 17.01.05 Charitable Gifts and Assignment of Ownership Rights Page 1 of 3 (e) an offer of a patent(s) and/or a patent application(s) to a member CEO must be assigned to the system for the benefit of that member.
    [Show full text]
  • OVERVIEW of INDONESIA WATER SYSTEM and POLICIES1 Ir
    OVERVIEW OF INDONESIA WATER SYSTEM AND POLICIES1 Ir. M. Donny Azdan, MA., MS., Ph.D2 I. WATER RESOURCES MANAGEMENT REFORM Water resources management reform which is characterized by the enactment of Law No.7/2004 on Water Resources is intended to anticipate the complexity of water resources development problems and shifting in water resources management paradigm by giving more attention to social functions, environment and economy that is directed to achieve the synergic and harmonic integration of interregional, intersectoral, and intergenerational. Reformation started with the formation of the coordination team of Water Resources Management (TKPSDA) in 2001 in charge of formulating national policies on water resources and various policy tools, as well as encouraging the establishment of the new Water Resources Law. In line with the spirit of democratization, decentralization and openness, fundamental reforms in the Law of No.7/2004 is that the three main pillars of water resource management in the previous Law No.11/1974 which consists of the conservation, utilization and control of destructive force, is supported by three other pillars of community participation, steady institutional and good information systems and data. Principles of water resources management policies, which are contained in the Law of No. 7/2004 are derived into seven government regulations (GR)3, namely Water Resources Management, Irrigation, Development of Drinking Supply System (SPAM), Ground Water, Dams, Rivers, and Swamp. Until the year of 2011, the government has published six regulations except for regulation on swamp4. Principles of water resources reform through Law of No.7/2004 are: 1. Clarity of water resources management responsibilities between central and regional In accordance with the Law No.7/2004, water resources management is conducted based on river basin.
    [Show full text]
  • Shoreline Alterations in Hood Canal and the Eastern Strait of Juan De Fuca
    SHORELINE ALTERATIONS IN HOOD CANAL AND THE EASTERN STRAIT OF JUAN DE FUCA Point No Point Treaty Council Technical Report 03-1 Copies of this report may be downloaded at the Point No Point Treaty Council website: www.pnptc.org PNPTC Technical Report 03-1 Shoreline Alterations in Hood Canal and the Eastern Strait of Juan de Fuca Prepared by Ron Hirschi, Consultant Ted Labbe, Port Gamble S’Klallam Tribe Alan Carter-Mortimer, Point No Point Treaty Council March 2003 Point No Point Treaty Council 7999 N.E. Salish Lane Kingston, Washington 98346 Project funded by Bureau of Indian Affairs “Watershed Restoration Program” Contract No. GTP00X90310 SUMMARY This report describes the results of an inventory of marine shoreline development throughout Hood Canal and the eastern Strait of Juan de Fuca. It also interprets the results on a large scale and for selected smaller areas. Shoreline features were field mapped by boat employing a Global Positioning System to mark positions. Information collected included shoreline features as points (e.g. docks, jetties, launch ramps, etc.) and as lines (bulkheads and backshore landforms) along the shoreline. Data summaries were generated by attaching point and line features to shoreline Geographic Information System layers and grouping these results by drift cells within sub-regions that were, in turn, grouped within larger regions. A total of 595 km of shoreline was mapped, extending from the Union River near Belfair in Lower Hood Canal to Dungeness Spit near Sequim in eastern Strait of Juan de Fuca. Bulkheads were found to cover approximately 18 % of the total mapped shoreline.
    [Show full text]
  • Right to Use Real Property for Building Purposes Is of Funda- Sentation Required Under Law
    Polish Construction Review – Issue No. 1 (106) Friday, 8 January 2010 lation establishes the right to use real proper- ty for building purposes under the Law, but only such property rights and such contrac- tual relations which explicitly encompass ri- ghts to perform building works. This, if a title of ownership held by an investor does not en- compass the right to perform building works, Right to use real property for it should be presumed that the investor does not have the right to use the real property for building purposes building purposes and the investor cannot in compliance with law submit such the repre- The issue of the right to use real property for building purposes is of funda- sentation required under law. Meanwhile, if mental importance from the perspective of the building process as well as the the investor nevertheless submits such a re- broader concept of the investment process. Despite the gravity of the insti- presentation, he exposes himself to penal lia- bility and the possibility of the reopening of tution on the boarder of civil law and administrative law, Construction Law of proceedings for the issuance of building per- 7 July 1994 (hereinafter referred to as the “Law”) regulates it to an exceptional- mit and, as a consequence, the annulment ly limited extent, dedicating to it a definition in the dictionary contained in the of the permit. Law and referring to the discussed institution in providing guidance on regula- Thus, for the investor to be able to submit tions relevant to other concepts. a representation in compliance with law, on the right to use real property for building purposes, the following two prerequisites In line with Art.
    [Show full text]