Western States Water Council 2005 Report

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OTHER MEETINGS ABA Water Law Conference The American Bar Association (ABA) held its annual Water Law Conference at the Harbor Island Sheraton Hotel in San Diego, California on February 15 -16th. The Council participated in the planning and organization of the conference, which focused on "Watershed Management: A New Governance Trend." An estimated 300 lawyers, engineers and administrators attended. Lauren Caster, the ABA Water Resources Committee Chair welcomed participants, followed by an introduction from Jay Stein of New Mexico, one of the program co- chairs. The Keynote address was presented by the noted water law expert, Professor Joseph Sax, of the Boalt Hall School of Law, University of California, Berkeley. Professor Sax spoke of early legal doctrines which advocated the watershed protection concept. Speaking of the early riparian doctrine, he explained that the "area of origin" idea demonstrated the "pre - environmental intuition that water is a limited resource that can be over - stressed if competition for its benefits is not limited." On key issues in watershed management, he noted that a "striking paradox" exists, as some may call for centralized administration, while at the time, we experience "strong desires along a broad spectrum for more local autonomy." Professor Sax also spoke of the role that the Endangered Species Act (ESA) is playing as a driving force behind the watershed movement. The first panel discussion focused on the "Evolving Role of ESA Consultation in Watershed Management." Moderating the discussion was Melanie Rowland, with the National Oceanic & Atmospheric Administration's General Counsel Office in Seattle. Tom Lindley of the Portland law office of Perkins Coie, LLP, first spoke of limitations on the ability of federal agencies to require ESA consultation on non - federal water rights and water management facilities. Richard Opper, the Executive Director of the Missouri River Basin Association, spoke of the role that ESA consultation has played in efforts to address problems associated with Missouri River management activities. He expressed a need for the participation of higher level Fish & Wildlife Service (FWS) employees in all phases of his organization's planning activities. Lastly, Wayne White, FWS Field Supervisor from Sacramento, California, spoke on how the role of the ESA in watershed management extends beyond consultation. The second segment focused on "Creative Programs and Projects to Increase Water Supply," and was moderated by Douglas MacDougal, of the law firm Schwabe, Williamson & Wyatt, in Portland, Oregon. Alf Brandt of the Sacramento, California Regional Solicitor's Office for the Department of the Interior, addressed the concept of using an environmental water account to maximize and expand project yield for the environment. Former Oregon WSWC member Martha Pagel, now practicing with the law firm of Schwabe, Williamson & Wyatt in Portland, spoke on the use of mitigation and mitigation banking as strategies for meeting new supply needs in Oregon's Deschutes Basin. Finally, Jeanne Zolezzi of the Stockton, California firm of Herum Crabtree Brown, addressed the topic of using creative programs and projects such as aquifer storage and recovery to increase water supply. 15