Course Syllabus

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Instructor: Professor Dean Couch

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Professor Dean Couch

College of Law

Areas of Interests and Expertise

  • Water Law (including water quantity and water quality)
  • Environmental Law
  • Administrative Law

Awards and Achievements - Held position of General Counsel to Oklahoma Water Resources Board for 28 years, providing legal advice and guidance on water law and administrative law issues to five different Executive Directors during that period; Oklahoma member of Legal Advisory Committees of the four interstate stream compacts to which Oklahoma is a signatory; Oklahoma Reporter for Rocky Mountain Mineral Law Foundation Water Law News publication; Oklahoma representative to Western States Water Council, an arm of the Western Governors Association that addresses water law, water rights issues and federal laws and policies

Office Phone: 405-235-5596

Cell Phone: 405-921-5575

Email: dcouch@gablelaw.com

Live Session: Every Thursday. See syllabus for time.

Zoom link: https://zoom.us/j/7720215664

 

LAW 6580: Water Law

Spring 2019

Course Prerequisite
Admission to Masters in Environmental Science: Hydrology and Water Security Program

Course Description

Explores the system of water rights; riparian, appropriation, and prescriptive rights; stream, surface, and groundwater; transfer and termination of rights; injuries caused by water; development of water supplies; federal-state, interstate, and intrastate conflicts; water pollution control; federal and Indian rights and federal water resource problems.

Course Overview

Review of hydrology basics and the hydrologic cycle will be provided along with the importance of water resources to society in general, including use for consumptive purposes like public supply, industrial supply and water use for nonconsumptive purposes such as aquatic ecosystem maintenance, recreation, fish and wildlife benefits. The class will then be introduced to water resources law and management concepts in general, then explore the various principles and nuances of water use doctrines, including riparianism and appropriation, and management doctrines relating to the use of groundwater as contrasted and comparison to doctrines relating to surface water use.  Water planning as a component of water security will be discussed and water planning principles will be analyzed.  Water quality considerations along with state and federal laws and regulations that relate to water quality will be reviewed, followed by a unit on federalism and federal laws that impact regulation of water use, such as Indian water rights, other federal reserved water rights, and storage reservoirs built, owned and operated by federal agencies.

Course Goals

Students should gain a sufficient understanding of water law, use regulation and terminology that relates to hydrology and water use to converse with engineers, technical staff and the public involved in the design and construction projects that provide water security.

Course Learning Outcomes

By the end of this course, students will able to:

  • Conduct internet research using terminology and examples reviewed throughout the course to gather data and information about water supplies that may be available to provide a secure source for water.
  • Analyze fact scenarios analogous to court cases discussed then compare and contrast the various regulatory and social issues that may relate to obtaining alternative sources of supply for the activity.
  • Prepare a plan and recommendation to obtain the water supply needed for the activity presented in compliance with applicable law and regulations.

Required Textbook

Water Law (Concepts and Insights) 1st Edition by Robin Craig (Author), Robert Adler (Author), Noah Hall (Author) – electronic ebook version available

ISBN-13: 978-1634603133

ISBN-10: 1634603133

Course Format:

The course is delivered in an online format, consisting of 15 weekly modules. Each module contains textbook readings, responses to a discussion post and replies, a quiz and an online live session to review module concepts and the module quiz, with a make-up assignment for missed Live Sessions. Please review the tentative schedule. The modules open at midnight on Sunday and close at 11:59 pm CDT on the following Sunday. 

Live sessions

We will have a Live Session through Zoom every week.  Our Live Sessions will be on Thursdays. The time of the Live Session depends on your section enrollment. See below for your Live Session time. The Live Sessions are graded. If you are unable to attend the Live Sessions, you may complete a make-up assignment to earn the points you missed from the Live Session.

Section 997: Thursdays 5:00-6:00pm CDT

Section 998: Thursdays 6:15-7:15pm CDT

Grading Information

This course is divided into 15 weekly modules.  Each unit contains reading assignments, links to websites and videos. Review those, then complete the unit quiz and participate in the live session and discussion boards.

  • Each quiz – 5 points x 15 (max. 75 pts.)
  • Each Live Session participation – 5 points x 15 (max. 75 pts.)

Course Grade Determination:

Discussion Board Participation:                                          40%

Weekly Quiz Grades:                                                          40%

Homework, Reading Assignments, Live Sessions:            20%

Grading Scale:  90 – 100 (A), 80 – 89 (B),  70 – 79 (C), 60 – 69 (D), and  < 60 (F)

Learning Activities and Assessment

Student Learning Activities:

  • Live Sessions via Zoom
    • Each week:

      Section 997: Thursdays 5:00-6:00pm CDT

      Section 998: Thursdays 6:15-7:15pm CDT

    • Make-Up Assignment: If you are unable to attend a Live Session, you may choose to complete the make-up assignment activity to earn the points you missed. You will find the make-up assignment in the weekly Live Session pages along with the due date.
  • Videos and PowerPoint presentations
    • Assigned and suggested videos and PowerPoint presentations will provide an introduction to ideas and concepts from contemporary experts in the field of water law. Images and graphs contained in the videos and PowerPoint presentations will assist the student to visualize situations and fact patterns that could be presented relating to use of water for consumptive and nonconsumptive purposes.
  • Selected Readings and Other Materials
    • Assigned and suggested selected readings of articles and reports found in the textbook and in hyperlinked websites provide background and insight relating to historical and current water law and water management issues. Other selected materials may include videos and PowerPoint presentations.
  • Discussion Boards
    • Students will engage in meaningful dialog related to assigned readings, videos and PowerPoint viewing requirements through the blogging exercise. The student is required to make an initial post and reply to peers and must cite the assigned works in their remarks.  Evaluation of discussion by the students include the following components: (a) quality of critical thinking demonstrated for the initial posts and replies to peers, (b) direct references including citations to assigned readings and other selected materials, and (c) number of postings per unit.

Student Learning Assessments

  • Live Sessions
    • The Instructor will host a weekly Zoom Live Session at the scheduled day and time, unless rescheduled. If rescheduling is necessary, an announcement will be made in Canvas. 
  • Unit Quizzes
    • Students will complete True/False and Multiple-Choice quizzes covering the assigned readings. Fact patterns or situations may be presented in the quiz with designated true/false or multiple-choice questions following. You will have 20 minutes to complete each quiz. Quiz answers must be submitted by noon each Thursday.

Communication & Time Requirements for Online Courses:

  • Course Access -Your online courses are located at http://canvas.ou.edu
  • Course Login
    • To login use your 4+4 OUNetID and your OUNet password. Your 4+4 OUNetID is the first four letters of your last name plus the last four numbers of your OU student ID number (e.g. smit1234). Note: If your last name contains less than four letters, all the letters are used in the OUNetID - the OUNetID is simply shorter.
  • Course Timelines
    • Through the Canvas online classroom, you will access all materials and content. Each unit will have assigned due dates, but you will be able to login at any time within the noted timeframe in the unit modules to complete your coursework.
  • Live sessions via online conference software Zoom will be required in your course. You should make every attempt to attend these sessions in real time, but may also review these session recordings within the scheduled unit.
  • You may be assigned to teams at one or more points during a course. Team collaboration may require the use of asynchronous (email, threaded discussions, etc.) or synchronous (phone, chat, zoom, etc.) communications at times to be determined.

Late Work

If you know in advance you will miss a deadline, it is your responsibility to make arrangements with your professor PRIOR to that deadline.  Students missing a deadline without prior arrangement or a legitimate emergency will receive a 5% deduction per day. The grade will be reduced for late work without exception, unless a special exception has been granted in writing by your professor and/or course facilitator due to documented extraordinary circumstances.

Course Email

All email sent to you by your professor (important announcements, grade information, etc. will be sent to the email registered in your name at the University of Oklahoma. If you use a different Internet Service Provider for email, you need to notify OU or you will not receive emails from your professor. It is easy to change your account email, just go to http://account.ou.edu or call the OU IT department at 405-325-4636.  For technical support with Canvas or other University systems, please go to: http://itscnorman.ou.edu/contact/

Assessment of Substantive Interaction in Online Courses:

Regular interaction and participation in online learning activities throughout each week is necessary to ensure your academic success. Interactions between professor and learners and amongst learners is an integral part of creating a collaborative and diverse environment that promotes a deeper understanding of the topics and themes addressed in each course.

Substantive interaction in online courses is analogous to attendance and will be tracked each week.  Throughout the module, you must meet the standard of substantive interaction each week through the submission of at least one graded assignment per course. If you fail to submit one or more graded assessments each week in each of your courses, you will be considered absent for the week.

Phone calls, text messages, questions posted in non-graded forums, and email communications do not count towards meeting the standard of substantive interaction. If your professor determines that you have not met the substantive interaction standard for two consecutive weeks, your professor may administratively withdraw you, and a grade of "AW" or “F” may be recorded on your academic transcript depending on when the withdrawal occurs during the module. If applicable, tuition will be refunded per the Refund Policy published in the University Catalog.  If you have any questions about substantive interaction requirements, ask your professor.

Pre-Approved Absences

Professors shall have the authority to grant “pre-approved absences”, provided the student provides any requested documentation regarding the absence. If a student is granted pre-approved absences for unavoidable and necessary issues, the student will be able to work ahead in their classes.  Pre-Approved Absences for online courses will not be granted for business travel or vacations, as you are expected to take laptops, texts, and materials with them to continue their studies.

UNIVERSITY OF OKLAHOMA

ACADEMIC POLICIES AND STUDENT SUPPORT

Catalog

Please familiarize yourself with the student catalog: http://catalog.ou.edu/courses/courses.htm

Online Library

Students in the MAcc program can use the University of Oklahoma library by visiting: 

http://libraries.ou.edu/

Academic Misconduct

In addition to the course conduct policies outlined by your professor in the Course Syllabus in the online classroom, please review the Graduate Student Handbook. 

It is the responsibility of each student to be familiar with the definitions, policies, and procedures concerning academic misconduct. The Student Code is available from the Office of the Vice President for Student Affairs, and is contained in the Student's Guide to Academic Integrity, available at http://integrity.ou.edu/students_guide.html 

This site also defines misconduct, provides examples of prohibited conduct, and explains the sanctions available for those found guilty of misconduct.

Plagiarism 

Plagiarism is the most common form of academic misconduct at OU. There is basically no college-level assignment that can be satisfactorily completed by copying. OU's basic assumption about writing is that all written assignments show the student's own understanding in the student's own words. That means all writing assignments, in class or out, are assumed to be composed entirely of words generated (not simply found) by the student, except where words written by someone else are specifically marked as such with proper citation. Including other people's words in your paper is helpful when you do it honestly and correctly. When you don't, it's plagiarism. 

Go to http://integrity.ou.edu/students_guide.html to learn more about the rules for avoiding plagiarism. Watch this video and then test your skills in avoiding plagiarism by taking this plagiarism tutorial and quiz. 

Reasonable Accommodation for Disabilities

The University of Oklahoma is committed to providing reasonable accommodation for all students with disabilities. Students with disabilities who require accommodations in this course should contact their professor as early in the semester as possible.

Students with disabilities must be registered with the Disability Resource Center prior to receiving accommodations in this course.

If you have a disability and you would like to make a request for reasonable accommodation, please see the Graduate Student Handbook or visit the Disability Resource Center and other disability services at OU at: http://drc.ou.edu/

Adjustments for Pregnancy/Childbirth Related Issues

Should you need modifications or adjustments to your course requirements because of documented pregnancy-related or childbirth-related issues, please contact me as soon as possible to discuss your options. Generally, modifications will be made where medically necessary and similar in scope to accommodations based on temporary disability. Please see www.ou.edu/content/eoo/faqs/pregnancy-faqs.html for commonly asked questions.  

Title IX Resources  

For any concerns regarding gender-based discrimination, sexual harassment, sexual misconduct, stalking, or intimate partner violence, the University offers a variety of resources, including advocates on-call 24.7, counseling services, mutual no-contact orders, scheduling adjustments, and disciplinary sanctions against the perpetrator. Please contact the Sexual Misconduct Office 405-325-2215 (8-5, M-F) or OU Advocates 405-615-0013 (24/7) to learn more or to report an incident. 

Religious Holidays

It is the policy of the University to excuse absences of students that result from religious observances and to provide for the rescheduling of examinations and additional required classwork that may fall on religious holidays without penalty. It is the responsibility of the student to make alternate arrangements with the instructor at least one week prior to the actual date of the religious holiday.

Copyright Policy

It is illegal to download, upload, reproduce, or distribute any copyrighted material, in any form and in any fashion, without permission from the copyright holder or his/her authorized agent. The University of Oklahoma expects all members of its community to comply fully with federal copyright laws. If such laws appear to have been violated by any user, the university reserves the right (1) to terminate that user’s access to some or all of the university’s computer systems and information resources and (2) to take additional disciplinary actions as deemed necessary or appropriate. Repeat offenders will be sanctioned and their privileges terminated.

Registration and Withdrawal

If you choose to withdraw from this course, you must complete the appropriate University form and turn the form in before the deadline. If you stop attending the course and doing the coursework without doing the required paperwork, your grade will be calculated with missed homework and examination grades entered as zero. This could result in receiving a grade of F in the course. Deadlines are shown in the Academic Calendar, which is available from the Office of Admissions and Records or online at http://www.ou.edu/admissions/home/academic_calendar.html

Student Grievances

In addition to any policies outlined related to submitting an informal or formal grievance by your professor in the Course Syllabus in the online classroom, please review the Graduate Student Handbook for more information about the process of submitting a formal grievance.

 

Course Summary:

Course Summary
Date Details Due