Water Law Commons^™

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein

Faculty Scholarship

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …

Institutional Structure Of The New Jersey Coastal Zone Management Program, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Institutional Structure of the New Jersey Coastal Zone Management Program.

The federal Coastal Zone Management Act of 1972 (CZMA), since amended, was established to help states and territories to develop and implement comprehensive coastal management programs formed around “enforceable policies”— the establishment of guiding principles and policies that are supported by a regulatory program. These enforceable policies also drive planning, funding, and outreach efforts by a state’s program.

Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock

All Faculty Scholarship

New Mexico and other arid western states face the following dilemma: Rapid urban growth and the increasing demand for the dedication of water to aquatic ecosystem services are placing new stresses on the ability of available water supplies to support these new demands at a time when a coherent federal supply and water policy no longer exists and states have been slow to fill the vacuum. The answer to the increasing demand for water is no longer simply to augment supply through new diversions, high-capacity wells, or the construction of large storage reservoirs. Instead, in today's increasingly unmediated, competitive water …

Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Gulf River Estuary Natural Resources Inventory, Chantal Lefebvre, Dan Hellin, Chris Crawford

Urban Harbors Institute Publications

The purpose of this analysis is to inventory the present assemblage of natural resources in the vicinity of the Gulf River estuary as well as to provide information on land use, recreational use, and pollution threats and concerns. The inventory summarizes existing research and the knowledge and experience of local experts and residents who are most familiar with the Gulf River’s natural environment. It could be used as the first step toward producing a resource management plan for the Gulf River estuary.

The analysis was initiated and funded by the Gulf River Association and prepared to serve as a reference …

Increasing Involvement In And Awareness Of Coastal Zone Management In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Increasing Involvement in and Awareness of Coastal Zone Management in New Jersey.

Among the requirements of the federal Coastal Zone Management Act (CZMA) for state coastal management programs are procedures for public participation and intergovernmental coordination in program development and implementation.

The CZMA was one of a number of environmental statutes passed by Congress in the early 1970s that made public participation a cornerstone of the program. Most government programs have since adopted this philosophy, and experience over the past several decades confirms …

Water, Property, And The Clean Water Act, Janis Snoey

Washington Law Review

In PUD No. I of Pend Oreille County v. Department of Ecology, the Supreme Court of Washington held that Washington State has authority under the Clean Water Act to impose a minimum stream flow requirement on a hydroelectric project seeking to amend its federal license, regardless of whether the flow requirement affects an existing water right. A water right is property protected by the U.S. Constitution's prohibition on taking without just compensation. If a state's imposition of a minimum flow requirement under the Clean Water Act restrains a project from diverting the full quantity of an existing water right, …

New Jersey Coastal Program Boundary, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

The boundary of a federally approved coastal program defines a geographic area that receives special planning and management attention through regulations, financial assistance, and technical support. Section 306(d)(2)(A) of the federal Coastal Zone Management Act provides the basis for determining the coastal boundary. In Section 304 of the act, the coastal zone refers to coastal waters (and the lands below them) and the adjacent shorelands, “strongly influenced by each other and in proximity to the shorelines of the several coastal states, including transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends…seaward to the outer limit of State …

Groundwater Law Sourcebook Of The Western United States, Gary C. Bryner, Elizabeth Purcell, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

91, 153 p.

Negotiating High Stakes Water Conflicts: Lessons Learned From Experienced Practitioners, Stephen E. Snyder, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

36 p. ; 28 cm

Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa

Faculty Scholarship

Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.

A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens

Articles

No abstract provided.

Farmers, Fish, Tribal Power And Poker: Reallocating Water In The Truckee River Basin, Nevada And California, Barbara Cosens

Articles

No abstract provided.

Water Dispute Resolution In The West: Process Elements For The Modern Era In Basin-Wide Problem Solving, Barbara Cosens

Articles

Growing urban water demand, recent recognition of tribal water rights, and needs for critical aquatic habitat in the face of the archaic law governing water allocation are driving people in the western United States to seek alternative methods to resolve water allocation disputes. The current ad hoc and locally driven approach to negotiation of basin-wide water issues runs the risk of overlooking broader interests. Whereas water use is local and rives local economies, the continued viability of our water resources and the legacy we leave to future generations in water infrastructure, social stability, an environmental amenities is national in scope. …

Piney Run: The Permits Are Not What They Seem, Jessica Owley

Articles

In 2001, the Fourth Circuit addressed the permit shield provision of the Clean Water Act and found it to provide broad-scale protection for polluters. In Piney Run Preservation Association v. County Commissioners of Carroll County, the Fourth Circuit held that facilities with discharge permits are protected from lawsuits even when discharging pollutants not contained within their permits. Under this ruling, permit holders may discharge, without fear of penalty, any disclosed pollutant within the reasonable expectation of the permitting authority. This decision is worrisome because it does not protect the goals of the Clean Water Act and deprives the public …

Abandoning The Pia Standard: A Comment On Gila V, Galen Lemei

Michigan Journal of Race and Law

Part I of this Note examines the development of Indian reserved water rights, and the practicably irrigable acreage method of quantifying those rights, as defined by the Court. Part II describes the arguments of state and private interests that oppose broad Indian water rights. Part III discusses Gila V, including the Arizona Supreme Court's rationale for abandoning the standard set forth by the U.S. Supreme Court and the standard for quantifying Indian reserved rights that the court applied in its place. Part IV analyzes the Arizona Supreme Court's justifications for abandoning the standard, and considers alternate grounds for the …

Solid Waste Agency Of Northern Cook County V. U.S. Army Corps Of Engineers: Isolated Waters, Migratory Birds, Statutory And Constitutional Interpretation, Edward A. Fitzgerald

Natural Resources Journal

No abstract provided.

Federalism In The Forest: National Versus State Natural Resource Policy, By Tomas M. Koontz, Heather Wight-Axling

Natural Resources Journal

No abstract provided.

Public Trust Doctrine And Public Access In New Jersey, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

A discussion paper prepared as part of a series of focus groups on the topic of the Public Trust Doctrine and Public Access in New Jersey.

Public access is specifically identified as one of the key priorities of the Coastal Zone Management Act (CZMA) of 1972. More importantly, the Act enables states to develop their own coastal zone management programs and to receive federal funding with which to implement them. There are a number of criteria that such plans must include before they can receive federal approval.

Foreword, Jessica Owley, Emma Garrison

Articles

No abstract provided.

A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein

Faculty Scholarship

Ground water resources have long been the neglected stepchild of water law. While agreements focusing on transboundary rivers and lakes have been relatively common, there is a paucity of treaties and international norms squarely addressing shared ground water resources. As a result, the rules governing the use, management, and conservation of transboundary ground waters is unclear at best.

This dearth is, in large part, the result of a deficit of scientific understanding among legislators, policymakers, and the judiciary. This is evidenced in many international and domestic laws and policies that have little or no scientific underpinning. Accordingly, there is a …

Interstate Water Allocation Compacts: When The Virtue Of Permanence Becomes The Vice Of Inflexibility, Douglas L. Grant

University of Colorado Law Review

No abstract provided.

Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Pena

University of Colorado Law Review

No abstract provided.

What Remains Of The Endangered Species Act And Western Water Rights After Tulare Lake Basin Water Storage District V. United States?, Brittany K.T. Kauffman

University of Colorado Law Review

No abstract provided.

The Performance Of Femininity/The Perils Of Law, Kerry Rittich

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

Publications

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Preparing For Climatic Change: The Water, Salmon, And Forests Of The Pacific Northwest, Philip W. Mote, Edward A. Parson, Alan F. Hamlet, William S. Keeton, Dennis Lettenmaier, Nathan Mantua, Edward L. Miles, David W. Peterson, David L. Peterson, Richard Slaughter, Amy K. Snover

Articles

The impacts of year-to-year and decade-to-decade climatic variations on some of the Pacific Northwest’s key natural resources can be quantified to estimate sensitivity to regional climatic changes expected as part of anthropogenic global climatic change. Warmer, drier years, often associated with El Niño events and/or the warm phase of the Pacific Decadal Oscillation, tend to be associated with below-average snowpack, streamflow, and flood risk, below-average salmon survival, below-average forest growth, and above-average risk of forest fire. During the 20th century, the region experienced a warming of 0.8 ◦C. Using output from eight climate models, we project a further warming of …