Western States Water Council 2005 Report

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Besides emphasizing the importance of working from the bottom up in order to have a successful settlement, Mike Pearce, Counsel for the Arizona Department of Water Resources, spoke of the benefits of settlements in lieu of litigation. In sharing examples of the Navajo settlement and the Gila/Central Arizona Project settlement, he stressed two main reasons that a settlement is beneficial. First, it brings added value to the Indian community. Second, it brings finality to water issues, whereas litigation is often only a short-term cure. Pearce stressed that value and finality combine to create a partnership. He also suggested creating an in -state fund to facilitate settlements, rather than later pulling the money from taxpayers. From a tribal point of view, Alec Garfield of the Tule River Tribe stressed the importance of a "needs assessment" in considering Indian water rights settlements. He said that the tribes have an obligation to do thorough research in regards to their settlements. William S. Brack, the Vice President of Engineering at Phelps Dodge, then took a few minutes to remind attendees of how much water is needed to mine copper. Due to the huge appetite that the U.S. has for copper, which is widely used, Phelps Dodge and other mining companies need very large quantities of water. This demand, he reemphasized, is another strong reason for water right settlements. Settlements bring resolution and wet water to the parties, whereas litigation rarely resolves the problems, and often yields only paper water rights. Julia Doermann, Federal Coordinator for the Oregon Governor's Natural Resources Office, helped all in attendance to understand the hardships brought about by the situation that arose in the Klamath Basin last summer. She urged all to be proactive with settlement negotiations in order to avoid such a catastrophe in other regions. Summing it all up, Mike Jackson, now in private consulting, reviewed the important issues that had been dealt with during the symposium. In short, he concluded that the outlook for settlements depends on people who care enough to make it happen. Scott McElroy of Greene Meyer & McElroy then provided a formal wrap -up and gave special thanks to those who made the effort to contribute. He voiced satisfaction that the symposium had benefitted all who attended. OTHER IMPORTANT ACTIVITIES AND EVENTS In Memoriam C. Laurence Linser passed away on June 17th, surrounded by family members, after being hospitalized for several weeks with a fungal infection in his lungs that did not respond to treatment. Since 1988, Larry has represented Arizona on the Council as an alternate member and we will all miss his smile and pleasant manner as well as his water management expertise. He served as Deputy Director of the Arizona Department of Water Resources, leaving in 1995 for a private consulting practice with Bookman- Edmonston Engineering and Navigant Consulting." "Western States Water, Issue #1414, June 22, 2001. WA