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. . . Western States Water Council Legal Committee Washington, DC March 27, 2006 Mark Sudol: There's a new database within the Corps of Engineers. There will be on-line applications. It's a way to check applications on-line, and to find out where it is at. We'll take all those permitted and put them on-line. You will be able to access the database. There will be a change in the way busin,ess is done. As we get GIS info, we will do a better job. PANEL PRESENTATION - Federal Perspectives on Improvine State General Adjudications Matt McKeown, Principal Deputy, Environmental and Natural Resources Division, US Dept of Justice and David Tenny, Deputy Undersecretary for Natural Resources & Environment, USDA Office of the General Counsel Questions: Norm Semanko: Could you guys comment on your view about where the federal commitment is on settlements, particularly Indian water right settlements. Also, regarding adjudications going into the future, and where are we actually at. Matt McKeown: Settlements require a number of elements, including a source of appropriated funds. One of the factors that you need to consider when deciding whether your going to settle the case is what your actual liability exposure is going to be, if you litigate to closure on the merits. There is time involved in many ofthese cases. There may not be a substantial liability for closure for the rest ofthe case. In those incidences, those are situations where we have to look very carefully at what we should be offering. Jack Stults: Can you give us an example of one where you don't have liability? Matt McKeown: I'm not going to give you specific examples in cases where the judge hasn't made a decision. Jack Stults: There are no examples where that conclusion has been reached by a court already? Matt McKeown: No. Norm Semanko: Is liability risk to the United States the only standard? Matt McKeown: There's a lot that goes into what the benefit of the United States could be. I think all of them have go under the same motto of "case- by-case." I'm going to change topics. One of the other issues you asked us to talk about was whether the U.S. should share the costs in the adjudications since so often federal claims dominate adjudications. What I'm curious about is the statistic that is offered in the material. Were there 700 federal claims in Oregon? Is that the total body of all claims that were being adjudicated in the Klamath? Phil Ward: It's the total body of claims. Matt McKeown: If it's my understanding, the court and the state are just looking at the pre 1909 list? 7