8009 ‎(2)‎

• UCREFRP Catalog Number: 8009
• Author: Natural Resources Law Center.
• Title: Restoring the Waters.
• USFW Year: 1997.
• USFW - Doc Type: Boulder, CO.
• Copyright Material: YES

Flexibility yields opportunities. Groups
should remain flexible -taking advantage
of opportunities and changes as they occur.
^ Focusing on promoting innovative legal
precedents through litigation may be the
best vehicle for further development of
legal tools, but it may not accomplish
the immediate project goal.
^ Interim measures may provide a partial
solution for the resource while a larger
controversy is being resolved.
^ Even if litigation is the appropriate
avenue for action, success may not turn
on formal strategies that plaintiffs
adopt, but on tactics that they stumble
into as the litigation proceeds.
Regulatory tools have limits. Groups
seeking to conserve and protect water
resources should clearly understand the
O limits of regulatory tools for accomplishing
their objectives and should consider
instead the use of incentives, such as
compensated transfers of property rights.
Be prepared for the long haul. Some of the
most important western water issues have
taken years to resolve. A successful project
may require consistent fund-raising or the
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willingness of attorneys to defer payments
of fees and expenses until litigation award
have been obtained.
Public opinion can be crucial. The appro-
priate use of western water is a value
judgment and a matter of public policy.
Enlisting public support for the project cap
mean the difference between stalemate anc
progress.