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Last modified
7/14/2009 5:02:30 PM
Creation date
5/22/2009 5:16:27 PM
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UCREFRP
UCREFRP Catalog Number
7390
Author
Natural Resources Law Center.
Title
Boundaries and Water
USFW Year
1989.
USFW - Doc Type
Allocation and Use of a Shared Resource.
Copyright Material
NO
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<br />. <br /> <br />.Boundaries and Water: Allocation and Use <br />of a Shared Resource <br />June 5-7, 1989 <br /> <br />Monday, June 5, 1989 <br />AM LEGAL PRINCIPLES AND ISSUES <br />8:00 Registration and Coffee <br /> <br />8:30 <br /> <br />8:40 <br /> <br />It <br /> <br />Welcome <br /> <br />Allocation of the Nation's Rivers: the Constitutional Framework <br />Prof. Charles F. Wilkinson, University of Colorado School of Law <br />The constitutional premises for allocating interstate and international watercourses have undergone considerable <br />evolution and clarification in recent years. Topics will include the state ownership doctrine; navigability for <br />title; state police power; federal regulatory power under the Commerce Clause; relationships among state, <br />federal, tribal, and foreign governments; state and federal court jurisdiction; and interstate compacts and <br />international treaties. <br /> <br />Allocation of Internationai Rivers: Recent Developments in International Law <br />Prof. Daniel B. Magraw, University of Colorado School of Law <br />Non-navigational use of international water courses is one of the most political issues facing many countries <br />today. This talk will summarize existing international norms, describe the U.N. International Law Commission's <br />work in developing and codifying law in this area, and discuss the Canadian-U.S. International Joint <br />Commission's recent ruling on the Cabin Creek Coal Mine controversy. <br /> <br />. 10:10 Break _ <br /> <br />10:20 Interjurisdictional Water Quality Issues <br />Prof. Michael C. Blumm, Lewis & Clark, Northwestern School of Law, Portland, Oregon <br />Water quality concerns, including instream flows, can affect water allocation decisions from an interjurisdic- <br />(~ tional perspective. This talk focuses on intra-federal and federal-state relations under the Clean Water Act. <br />the Endangered Species Act, and the Federal Power Act, as well as interstate conflicts under the equitable <br />apportionment doctrine, ~tate/tribal relations under Indian treaty rights, and international water quality issues. <br /> <br />9:40 <br /> <br />.-:-> <br />b <br /> <br />11 :00 <br /> <br />j--' <br />...J// <br /> <br />Interjurisdictional Groundwater Allocation, Emerging Principles and Policies <br />Ann Berkley Rodgers, Attorney, Albuquerque <br />Public awareness of groundwater as a resource distinct from a jurisdiction's land base is relatively new. <br />Approaches to allocation at the international level and within the U.S. will be discussed, focusing on the principles <br />and poliCies that guide decision-makers in allocating and regulating groundwater resources. <br /> <br />11 :45 Lunch <br /> <br />International Environmental Mediation- <br />The Human Element . <br />David LaRoche, Secretary, United States Section, International Joint Commission, Washington, DC <br /> <br />PM <br />1 :15 <br /> <br />.f <br /> <br />BASIN STUDIES <br /> <br />The Colorado River Compact: A Breeding Ground for International, National and Interstate <br />Controversies <br />John U. Carlson, Carlson, Hammond & Paddock, Denver <br />This paper will describe the present and future controversies inherent in the law of the Colorado River. The <br />super-imposing of international goals and national environmental policies upon a contract to share common <br />supplies is propelling those dependent on the River towards a show-down. <br />
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