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- Sustainable Use of the West's Water (Summer Conference, June 12-14) (4)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (3)
- Publications (3)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (3)
- Books, Reports, and Studies (2)
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- Coalbed Methane Development in the Intermountain West (April 4-5) (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Public Land & Resources Law Review (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (2)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Celebrating the Centennial of the Antiquities Act (October 9) (1)
- Cornell International Law Journal (1)
- Faculty Articles (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Pace Environmental Law Review (1)
- Sea Grant Law Fellow Publications (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- Water and Growth in the West (Summer Conference, June 7-9) (1)
- Publication Type
Articles 1 - 30 of 43
Full-Text Articles in Law
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Cornell International Law Journal
Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey
Pace Environmental Law Review
The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …
Slides: The Columbia River Treaty, Barbara Cosens
Slides: The Columbia River Treaty, Barbara Cosens
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program
22 slides
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).
Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group
Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group
Books, Reports, and Studies
[4] p. : color illustrations ; 28 cm.
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Michigan Journal of Environmental & Administrative Law
The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …
Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)
Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
8 pages.
"February 2011"
Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin
Full report available at: http://www.westernresourceadvocates.org/gap
Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.
Legal Considerations Relating To The Development Of Hydroelectric Facilities Within Rhode Island, Scott R. Gunst Jr.
Sea Grant Law Fellow Publications
No abstract provided.
Slides: Unquenchable, Robert Glennon
Slides: Unquenchable, Robert Glennon
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona
56 slides
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides
Rethinking Western Water Law: Instream Flows, Reed D. Benson
Rethinking Western Water Law: Instream Flows, Reed D. Benson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Reed D. Benson, University of New Mexico School of Law
1 page.
Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates
Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Sarah Bates, Western Progress
10 pages.
Includes bibliographical references
"Review Draft, May 15, 2008"
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon
Celebrating the Centennial of the Antiquities Act (October 9)
3 pages.
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Either/Or? Will Climate Change Force A Choice Between Salmon And Electricity In The Northwest?, John M. Volkman
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
12 pages and 16 slides
Includes bibliographical references
"John M. Volkman, Partner, Stoel Rives LLP, Portland, Oregon"
Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort
Climate Change And The Rio Grande: Throwing Gasoline On A Fire, Denise Fort
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
4 pages.
"Summary"
"Professor Denise Fort, University of New Mexico School of Law"
Conference Guidebook: Water, Climate And Uncertainty: An Introduction To The Issues, Language, Literature And The Conference Materials, Doug Kenney
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
20 pages.
"Prepared as a Supplement to: Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management, Natural Resources Law Center, University of Colorado School of Law, June 11-13, 2003"
"Doug Kenney, Ph.D."
Includes bibliographical references
Contents:
Part I: What Are Climate Researchers Saying About Western Water? A Guide for Non-Scientists
Part II: What Should Climate Researchers Know About the Realm of Western Water Law, Policy and Management?
Part III: Where to Find Additional Information
Concluding Comments, Peter Dea
Concluding Comments, Peter Dea
Coalbed Methane Development in the Intermountain West (April 4-5)
3 pages.
Concluding Comments, Mark Sexton
Concluding Comments, Mark Sexton
Coalbed Methane Development in the Intermountain West (April 4-5)
3 pages.
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.
Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.
The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).
"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …
Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas
Doing More With Less: Remaining Opportunities For “Tuning The System”: The Potential For Central Valley System-Wide Conjunctive Water Management, Gregory A. Thomas
Water and Growth in the West (Summer Conference, June 7-9)
30 pages (includes illustrations).
Contains footnotes.
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains 1 page of references.
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center
Dams: Water and Power in the New West (Summer Conference, June 2-4)
Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.
The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.
The conference will begin by providing historical context for the …
The Pacific Northwest Governors’ Comprehensive Energy Review: How Comprehensive?, Angus Duncan
The Pacific Northwest Governors’ Comprehensive Energy Review: How Comprehensive?, Angus Duncan
Dams: Water and Power in the New West (Summer Conference, June 2-4)
43 pages (includes illustrations).
Contains footnotes and 1 page of references.
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Columbia River Salmon: Are Any Of The Esa Tools Adequate For The Job?, John M. Volkman
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
32 pages.
Contains footnotes.
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Publications
Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …
Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery
Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery
Sustainable Use of the West's Water (Summer Conference, June 12-14)
8 pages.