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Boundaries and Water: Allocation and Use of a Shared Resource Monday, June 5,1989 AM 800 8:30 840 LEGAL PRINCIPLES AND ISSUES Registration and Coffee Welcome Allocation of the Nation's Rivers: the Constitutional Framework Prof. Charles F. Wilkinson, University of Colorado School of Law The constitutional premises for allocating interstate and international watercourses have undergone considerable evolution and clarification in recent years. Topics will include the state ownership doctrine; navigability for title; state police power; federal regulatory power under the Commerce Clause; relationships among state, federal, tribal, and foreign governments; state and federal court jurisdiction; and interstate compacts and international treaties. Allocation of International Rivers: Recent Developments in International Law Prof. Daniel B. Magraw, University of Colorado School of Law Non-navigational use of international water courses is one of the most political issues facing many countries today. This talk will summarize eXisting international norms, describe the U.N. International Law Commission's work in developing and codifying law in this area, and discuss the Canadian- U.S. International Joint Commission's recent ruling on the Cabin Creek Coal Mine controversy. Break Interjurisdictional Water Quality Issues Prof. Michael C. Blumm, Lewis & Clark, Northwestern School of Law, Portland, Oregon Water quality concerns, including instream flows, can affect water allocation decisions from an interjurisdictional perspective. This talk focuses on intra-federal and federal- state relations under the Clean Water Act, the Endangered Species Act, and the Federal Power Act, as well as inter- state conflicts under the equitable apportionment doctrine, state/tribal relations under Indian treaty rights, and inter- national water quality issues. Interjurisdictional Groundwater Allocation, Emerging Principles and Policies Ann Berkley Rodgers, Attorney, Albuquerque Public awareness of groundwater as a resource distinct from a jurisdiction's land base is relatively new. Approaches to allocation at the international level and within the US. will be discussed, focusing on the pnnciples and pOlicies that guide decision-makers in allocating and regulating groundwater resources. Lunch Speaker 940 1010 1020 11 :00 11 :45 PM 115 BASIN STUDIES The Colorado River Compact: A Breeding Ground for International, National and Interstate Controversies John U. Carlson, Carlson, Hammond & Paddock, Denver This paper will describe the present and future controversies inherent in the law of the Colorado River. The super- imposing of international goals and national environmental policies upon a contract to share common supplies is pro- pelling those -dependent on the River towards a show-down. Managing the Upper Rio Grande: Old Institutions, New Players Steven J. Shupe; Shupe & Associates, Santa Fe, New Mexico The Upper Rio Grande Basin has been managed for irri- gation and flood control for much of this century under interstate compact and federal laws. These institutions, however, have been tested in recent years by a far more complex set of interests, including fisheries, recreation, river corridor protection, wildlife, Indian rights, water marketing, water quality concerns and others. This presentation looks at possible mechanisms for forming policy and resolving disputes about these issues. Break 205 255 315 Interstate Allocation of the Platte River Prof. J. David Aiken, Dept. of Agriculture & Economics, University of Nebraska Early interstate disputes regarding allocation of Platte river water focused on irrigation uses. These conflicts resulted in a U.S. Supreme Court decree on the North Platte between Nebraska and Wyoming, and an interstate compact between Nebraska and Colorado on the South Platte. More recent conflicts have focused on environmental protection in the central Platte River in Nebraska. 405 The Arkansas River Controversy David W. Robbins, Hill & Robbins, P.C., Denver In December 1985, Kansas filed a lawsuit against Colorado alleging material depletions of the Arkansas River in violation of the Arkansas River Compact. Colorado filed a counter- claim alleging various violations of the same compact by Kansas. This presentation will describe the issues involved in the lawsuit and the current status of the litigation. 5:00 End of day 6:00 Cookout on Flagstaff Tuesday, June 6, 1989 AM BASIN STUDIES (con't) 845 Coordinated Water Management in a Basin with Erratic Surface Supplies: the Law North and South of the Pecos Prof. Charles T. DuMars, University of New Mexico School of Law This paper will explore the hydrology of the Pecos River Basin, the Interstate Compact regulating that basin and the implications for state and national water planning strategies. 9:35 The Delaware River Basin: Courts, Compacts & Commissions R. Timothy Weston, Kirkpatrick & Lockhart, Harrisburg, Pennsylvania Delaware River waters serve the four-state region of the northeast megalopolis. The 50-year experience of litigation and compact commission programs provide a paradigm of maturing interstate management of shared re;;ources. A former Commissioner reflects on the lessons offered for other basins and regions. 1025 Break 1045 The Missouri River: River of Promise or Peril? John E. Thorson, Doney & Thorson, Helena, Montana The Pick-Sloan Plan, authorized by the Flood Control Act of 1944, was the charter for natural resource development in the Missouri River Basin. The promise of that charter has not been fulfilled and recent controversies-most notably the ETS/ Pipeline Project litigation-have resulted. This presentation reviews the shortcomings of the Pick-Sloan Plan and describes recent efforts of the ten basin states, 27 Indian tribes, and federal agencies to develop new water management approaches for the river. 1135 Lunch (on your own) PM INTERJURISDICTIONAL TRANSFERS 105 Unique Legal Issues Raised by Long Distance Water Transfer Proposals: ETSI, the Columbia River, NAWAPA Prof. Ralph W. Johnson, University of Washington School of Law, Seattle, Washington Out-of-state, out-of-basin water transfer proposals such as ETSI, the Columbia to the Southwest, and NAWAPA, raise unprecedented legal and policy issues, which the speaker will identify and analyze. 1 :50 ETSI Pipeline: the Future of an Illusion William Janklow, former Governor of South Dakota, Sioux Falls, South Dakota With the ETSI Pipeline, South Dakota attempted to set its own economic agenda by selling Missouri River water for industrial purposes outside the Missouri River basin. This paper Will examine the history and aftermath of the ETSI venture which, In light of the squabbles over western water, was an invitation to disaster.