Cited by 46Environmental law and policyEnvironmental Science and Water ManagementHydrology and Sediment Transport Processes

What is a stream?

Doyle, Martin W., Bernhardt, Emily S.·2011·Environmental Science & Technology

Abstract

Defining a natural feature is traditionally the domain of scientists, geographer/cartographers, and lexicographers. However, law requires exacting definitions to establish everything from land rights to jurisdictional rulings. For environmental law this can have significant ramifications in pollution regulation and mandating clean up, implying court battles when it comes to assigning (or charging for) blame. Doyle and Bernhardt confront this issue for hydrology, presenting a discussion of legal, geomorphological/physical, chemical, and biological definitions of streams and the policy implications.

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  • In contemporary legislation, ditches may be mostly ignored, e.g., in the USA Clean Water Act, and in New Zealand regulations where livestock do not have to be fenced out of agricultural ditches and streams <1 m wide and <30 cm deep.

    “Contrastingly, in contemporary legislation, ditches may be mostly ignored, e.g., in the USA Clean Water Act 88 , and in New Zealand regulations where livestock do not have to be fenced out of agricultural ditches and streams <1 m wide and <30 cm deep 89 .”

    From Lines in the landscape (2025) · cites this paper as [88]

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Research works printed but not linked: 4

  1. Sunding, D.; Zilberman, D. The economics of environmental regulation by licensing: An assessment of recent changes to the wetland permitting process. Nat. Resour. J. 2002, 59, 74-76.
  2. Craig, R. K. Beyond SWANCC: The new federalism and Clean Water Act Jurisdiction. Environ. Law 2003, 33, 113-149. (5)
  3. Rawls, W. J.; Ahuja, L. R.; Brakensiek, D. L.; Shirmohammadi, A. Infiltration and soil water movement. In Handbook of Hydrology; Maidment, D., Ed; McGraw-Hill: New York, 1993; pp 5-7.
  4. National Research Council. The Challenge of Regulating Storm- water. Chapter 2 in Urban Stormwater Management in the United States; National Academy of Sciences Press: Washington, DC, 2009.

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Authors
Doyle, M. W., & Bernhardt, E. S.
Affiliations
University of North Carolina at Chapel Hill (US)
Corresponding author
Doyle, Martin W.
Venue
Environmental Science & Technology
Published
2010-12-06
Volume
45
Issue
2
Pages
354-359
ISSN
  • 0013-936X (ISSN-L)
  • 1520-5851
OpenAlex
W2313514318
Cited by
46
References
24
Citations by year
2025: 3 · 2024: 4 · 2023: 5 · 2022: 3 · 2021: 1 · 2020: 4 · 2019: 4 · 2018: 1 · 2017: 5 · 2016: 2 · 2015: 1 · 2014: 4 · 2013: 4 · 2012: 3
FWCI
39.76
Type
journal article
Language
en
Open access
closed
Locations
  • Environmental Science & Technology (publishedVersion)
  • PubMed (publishedVersion)
Funders
  • National Science Foundation
  • U.S. Army Corps of Engineers
Topics
  • Social Sciences › Law › Environmental law and policy
  • Physical Sciences › Environmental Science › Water Science and Technology › Environmental Science and Water Management
  • Physical Sciences › Environmental Science › Ecology › Hydrology and Sediment Transport Processes
Keywords
environmental law, pollution regulation, jurisdiction, land rights, hydrology, geomorphology, stream ecology, water policy
MeSH terms
Conservation of Natural Resources, Legislation as Topic, United States, Water Pollution, Water Supply, Rivers, Water Cycle, Environmental Policy

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