Burke W. Griggs Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"Interstate Water Litigation: A Fifty-Year Retrospective," 20 University of Denver Water Law Review ___ (forthcoming 2017) (invited).

"The Political Cultures of Irrigation and the Proxy Battles of Interstate Water Litigation," 57 Natural Resources Journal 1 (2017).

"General Stream Adjudications as a Property and Regulatory Model for the Ogallala Aquifer," 15 Wyoming Law Review 413 (2015) (invited).

"Beyond Drought: Water Rights in the Age of Permanent Depletion," 62 Kansas Law Review 1263 (2014).

"Comparative Water Law and Management: The Yellow River Basin in Western China and the State of Kansas in the Western United States," 18 Kansas Journal of Law & Public Policy 428 (2009) (lead author, with John C. Peck and Xue Yunpeng) (invited).

"Groundwater Law and Management: the Asia (IWMI)-Kansas Program," 41 Creighton Law Review 315 (2008) (with John C. Peck).

"Does Groundwater Management Work?," 15 Kansas Journal of Law & Public Policy 391 (2006).

Chapters in Books

"Groundwater in the American West: How to Harness Hydrogeological Analysis to Improve Groundwater Management" (lead author with Dr. James Butler, Jr.) in The Water Problem: Climate Change and Water Policy in the United States (Editor, Pat Mulroy) (Brookings Institution Press, 2017).
» See publisher's website for further description and ordering information.

"Irrigation Communities, Political Cultures, and the Public in the Age of Depletion" in Bridging The Distance: Common Issues Of The Rural West (Editor, David Danbom ) (University of Utah Press, 2015).
» See publisher's website for further description and ordering information.

Other Publications

"Some Legal and Machiavellian Principles of Interstate Groundwater Dispute Resolution," 34th Annual Water Law Conference, American Bar Association (2016) (selected as Best Paper).

"Lessons from Kansas: A More Sustainable Groundwater Management Approach," Stanford University, Water in the West (August 18, 2014).

"The Republican River Compact: Federalism, the Compact, and the Serial Crises of State Water Law," 100 The Water Report 1-18 (June 15, 2012).

"Southern Sierra & Death Valley, June 2007" (27 photographs), in Yosemite and the Southern Sierra Nevada (David T. Page, ) (W.W. Norton & Co., 2nd ed., 2011, 1st ed., 2008).

"Thomas Jekyll" in New Dictionary of National Biography (Oxford University Press, 2005).

"Robert South" in New Dictionary of National Biography (Oxford University Press, 2005).

"Remembering the Puritan Past: John Walker and Anglican Memories of the English Civil War," in Protestant Identities: Belief, Culture, and Self-Fashioning in Early Modern England (Editors, Michael MacDonald, Muriel McClendon, and Joseph Ward) (Stanford University Press, 1999).

Presentations

"Playing the Analogy Game in Natural Resources Law: Updates from the Field," 2017 Global Land & Resources Colloquium, University of Oklahoma College of Law, Norman, Oklahoma, October 21, 2017.

"Water Law Issues Update," Washburn Law Out West CLE, Rebein Brothers Trial Lawyers, Dodge City, Kansas, May 11, 2017.

Panelist, "Science and the Courtroom: How Groundwater Modeling is Changing the Game," University of Denver Sturm College of Law, Tenth Annual Water Law Review Symposium, April 7, 2017.

"Interstate Water Litigation: A Fifty-Year Selectrospective," University of Denver Sturm College of Law, Tenth Annual Water Law Review Symposium, April 7, 2017.

"Water Law Issues Relevant to Oil and Gas Production in Kansas," 2017 Spring Oil, Gas & Mineral Law CLE, Kansas Bar Association, Fort Hays State University, Hays, Kansas, March 3, 2017.

"Emerging Water Resources Conflicts," National Agricultural Leaders Summit, Baton Rouge, Louisiana, January 6, 2017.

"Cooperative Federalism in Water: A Tale of Two Western River Basins," Governor's Conference on the Future of Water in Kansas, Manhattan, Kansas, November 15, 2016.

"The Ownership of Riparian Land on or Adjacent to the Navigable Rivers of Kansas," Kansas Society of Land Surveyors Annual Conference, Dodge City, Kansas, October 20, 2016.

"Litigating the Groundwater Revolution: The Infamous Past, the Maddening Present, and the Uncertain Future of Interstate Groundwater Dispute Resolution," CLE presentation, University of New Mexico School of Law, Albuquerque, New Mexico, October 19, 2016.

"Pasts without Precedent: The Serial Anomalies of Western History and the Recurrent Problem of the Common Law of Western Natural Resources," University of New Mexico School of Law, Albuquerque, New Mexico, October 19, 2016.

"Beyond Boundaries: Western Groundwater in the Age of Depletion," The Geological Society of America, Denver, Colorado, September 27, 2016 (with Anne Castle).

"An Introduction to Kansas Water Law," Kansas State University / Washburn Law School Inaugural Agribusiness Symposium, Exploring the Business of Agriculture, Kansas Farm Bureau, Manhattan, Kansas, September 20, 2016.

"Interstate Groundwater Litigation and the Equitable Apportionment of Interstate Aquifers," American Bar Association, Annual Water Law Conference, Austin, Texas, March 29, 2016.

"Should We Adjudicate the Water Rights to the Ogallala Aquifer?" Governor's Conference on Water and the Future of Kansas, Manhattan, Kansas, November 19, 2015.

"Injury and Impairment in Kansas Water Law," Kansas Water Authority, Hutchinson, Kansas, August 20, 2015; Kansas Water Congress, Lawrence, Kansas, August 6, 2015.

"Kansas v. Nebraska & Colorado, No. 126 Original: Its Causes, its Judicial Resolution, and its Actual Consequences," University of Kansas School of Law, Lawrence, Kansas, April 7, 2015.

"The Issue of Procedural Control in Achieving Sustainable Reductions in Groundwater Consumption," Groundwater Allocation Dispute Resolution Workshop, Stanford Law School, Stanford, California, November 5, 2014.

"Fifty Years of Interstate Water Litigation," American Water Resources Association, Annual Meeting, Washington, D.C., November 4, 2014.

"A Past without Precedent: The Serial Anomalies of Western History and the Recurrent Problem of the Common Law of Natural Resources," Dedman School of Law, Southern Methodist University, Dallas, Texas, December 4, 2014; University of Kansas, Hall Center for the Humanities, Nature and Culture Seminar, Lawrence, Kansas, October 24, 2014.

"General Stream Adjudications as a Property and Regulatory Model for the Ogallala Aquifer," University of Wyoming College of Law, Symposium on the Big Horn River General Stream Adjudication, Riverton, Wyoming, September 11, 2014.

"Business Perspectives on Key Elements of a Sustainable Groundwater Regime," Business Water Forum: Forgotten Groundwater, The Australian National University, Canberra, Australia, May 29, 2014.

"Beyond Natural Drought: Water Rights in the Age of Permanent Depletion," Association for Law, Property and Society, 5th Annual Meeting, Vancouver, British Columbia, May 2, 2014.

"The Law of the River: The Future of Interstate Compacts and Trans-boundary River Management in the American West," Stanford Law School, Stanford, California, April 17, 2014 (panelist with Barton H. "Buzz" Thompson, Jr., David Hayes, and Leon Szeptycki).

"Western Water Transfers and Western Water Publics," Rethinking the Rural-Urban Divide in the Modern West: An Interdisciplinary Conference, Bill Lane Center for the American West, Stanford University, Stanford, California, April 5, 2014.

"Quantitative Approaches to Reducing Legal Conflicts over Groundwater," Water in the West Project, Woods Institute for the Environment, Stanford University, Stanford, California, April 2, 2014.

"Interstate Water Litigation in the West and the Interdisciplinary Imperative," University of Kansas, Lawrence, Kansas, February 28, 2014.

"Water Wars and Civil Insurgencies: the Current State of Interstate Water Litigation in the American West," Woods Institute for the Environment, Stanford University, Stanford, California, December 6, 2013.

"Dealing with Overdraft in the Ogallala Aquifer: the Kansas Approach," American Groundwater Trust Forum, Tulare, California, November 18, 2013.

"Oil and Water Do Mix: Legal Issues with Water and Oil and Gas Production, Including Hydraulic Fracturing and Coal-bed Methane Production in Kansas," Kansas Bar Association,
2013 Oil, Gas, and Mineral Conference, Dodge City, Kansas, March 8, 2013 (repeated at Southwest Kansas Royalty Owners' Association Annual Meeting, Hugoton, Kansas, April 27,2013).

"Kansas v. Nebraska & Colorado: Groundwater's Challenge to the Enforcement of a Judicial Decree," National Judicial College, University of California-Davis King School of Law, October 19, 2012.

"Irrigation Communities, Political Cultures, and Competing Water Publics in the Age of Depletion," Bill Lane Center for the American West, Stanford University, Ogden, Utah, October 13, 2012.

"The Federal Role in Interstate Water Relations," National Waterways Conference Annual Meeting, Tunica, Mississippi, September 20, 2012.

"Hydrologic Time, Regulatory Distance, and Unsustainable Groundwater," National Ground Water Association, 2012 National Ground Water Summit, Anaheim, California, May 7, 2012.

"Federalism, the Republican River Compact, and the Serial Crises of State Water Law," American Bar Association, Annual Water Law Conference, San Diego, California, February 23, 2012.

Media Contacts

Quoted, "Haskell County Farmer Wins District Court Decision Over Decade-Old Water Rights Battle," Kansas AgLand, February 3, 2017.

Quoted, "What Happens to the U.S. Midwest When the Water's Gone?," National Geographic, August 2016 (also contributed to the map foldout on water law).

Quoted, "How to Make the Ogallala Last: Can the Future of the Nation's largest groundwater resource be re-written?," Headwaters Magazine, Fall 2014, 17-22.

Quoted, "The Last Drop: America's Breadbasket Faces Dire Water Crisis," NBC News, July 6, 2014.

Quoted, With Locals at the Helm, Kansas Charts New Course for Groundwater Management, Circle of Blue, April 10, 2013.

Quoted, Water Piped West Could Ease Strain on River, New York Times, December 9, 2012, p. A15.

Quoted, Is the Future of Western Water in Jeopardy?, High Country News, October 22, 2012.

Legislative Testimony

"Injury to and Impairment of Water Rights Under Kansas Law," Joint Committee on Energy and Environmental Policy, Kansas Legislature, March 15, 2016.

"Report on the Republican River Compact Litigation," Joint Committee on Energy and Environmental Policy, Kansas Legislature, October 14, 2012.

"Conservation as a Beneficial Use of Water: Testimony in Support of SB 510," Joint Committee on Energy and Environmental Policy, Kansas Legislature, September 20, 2010.

Professional Service

Member, "Faculty Network for the National Judicial College's Dividing the Waters Program, 2017-.