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7/14/2011 11:17:35 AM
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9/19/2007 3:57:26 PM
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Publications
Year
2005
Title
Western States Water Council - Seattle, WA., July 13-15, 2005
CWCB Section
Administration
Description
Western States Water Council - Seattle, WA., July 13-15, 2005
Publications - Doc Type
Water Policy
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<br />Western States Water Council <br />Legal Committee <br /> <br />Boise, Idaho <br />April 21, 2005 <br /> <br />. <br /> <br />supporting settlements, in urging Congress to provide funding. Craig emphasized in his testimony the <br />current need to provide funding for the negotiations themselves. Funding for this purpose has decreased <br />in recent years, making it difficult to pursue settlement negotiations. The statement offered by Craig also <br />underscored the importance of efforts to settle non-Indian federal reserved right claims. Since these took <br />place within the cqntext of State general adjudications as a general rule, the statement emphasized the need <br />to require the federal government to pay its fair share of the costs of adjudication through payment of filing <br />fees to the same extent as private users. The statement contains speCific proposed legislative language to <br />establish a funding mechanism for settlements, to treat them in much the same way as a judgment against <br />the United States. <br /> <br />TAKINGS REPORT UPDATE <br /> <br />Jim Davenport reported that the University of Denver Law School plans to publish the report <br />prepared by the Council on unconstitutional "takings." As with any other such journal, Jim expected an <br />extensive edit and suggested revisions, and asked for any help that might be available to assist him in <br />responding. It was deCided that the same people who provided review and edits for the final draft of the <br />report should be enlisted for this purpose. Craig was asked to provide staff support. <br /> <br />MIDDLE RIO GRANDE COLLABORATIVE PROGRESS <br /> <br />. <br /> <br />While Maria O'Brien was unable to attend, she asked Bill Hume to fill in for her. Bill reported <br />that the collaborative process continues in the Middle Rio Grande. An executive committee has been <br />established and is now the driving force in the process. Senator Domenici has continuing concernS with <br />the results of the process, but New Mexico will depend heavily on the Senator obtaining federal funding <br />for the things that will need to be done to resolve the water supply needs in the Middle Rio Grande, as well <br />as those of the silvery minnow. Bill referred to an agreement that had been reached as part of the process, <br />which would remove objections to a diversion of San Juan Chama water by the City of Albuquerque. He <br />also mentioned that the biological opinion for the silvery minnow now recognized wet and dry year options. <br />New Mexico had adopted a program to purchase water for a strategic water reserve for ESA and interstate <br />compact compliance. <br /> <br />FINDINGS - "LEGAL ANALYSIS OF SPORHASE v. NEBRASKA" <br /> <br />Chuck DuMars was unable to join the Committee for discussion of the paper he prepared on the <br />implications of the Supreme Court's deCision in Sporhase v. Nebraska. Bill Staudenmaier, along with Jim <br />Davenport, had reviewed the paper speCifically with reference in comparison to the proposed work plan <br />of the Legal Committee. While the paper represented an excellent analysis, it did not attempt to <br />comprehensively examine state statutes passed in response to the Sporhase decision. Therefore, it was <br />recommended that the Committee undertake such a survey and report. Bill noted that there is a possibility <br />that a legal intern may be secured to work at the Council this coming summer, who could work on this . <br />project. <br /> <br />4 <br />
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