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<br />. <br /> <br />. <br /> <br />. <br /> <br />have flexibility to establish their own priorities and milestones within that timeframe. He <br />expressed NGNs concern that the new TMDL regulations go beyond what was intended by <br />Congress under the CW A. <br /> <br />Water Law Conference: The American Bar Association held its annual Water Law Conference <br />in San Diego on Feb. 15.16. The conference focused on "Watershed Management: A New <br />Governance Trend." <br /> <br />Prof. Joseph Sax, of the Boalt Hali School of Law presented the keynote address. Sax spoke of <br />early doctrines that advocated the watershed protection concept. He also spoke of the role the <br />Endangered Species Act (ESA) is playing in the watershed movement. <br /> <br />Panel One: Evolving Role of ESA Consultation in Watershed Management. Melanie Rowiand, a <br />NOAA's General Counsel moderated the pane!. Panelists included lawyer Tom Lindley who <br />spoke of limitations on federal agencies to require ESA consultation on water rights and water <br />facilities; Richard Opper, Missouri River Basin Association, spoke about ESA consuitations and <br />efforts to address problems associated with Missouri river management; and Wayne White, a <br />USFWS Field Supervisor, spoke about the role of the ESA in watershed management. <br /> <br />Panel Two: Creative Programs and Projects to Increase Water Supply. Lawyer Douglas <br />MacDougal was the moderator. Panelists included AlfBrandt, from Interior's Solicitor's Office, <br />who spoke of using an envirorunentai water account to maximize and expand project yield for <br />the envirorunent. Former Oregon Council member Martha Pagel spoke about using mitigation <br />banking as a strategy for meeting new supply needs; and, Jeanne Zolezzi who talked about using <br />aquifer storage to increase water supply. <br /> <br />Fonner Reclamation Commissioner Floyd Dominy was the luncheon speaker. He answered <br />questions about what he might change ifhe were "able to do it allover again" and what he would <br />do. if he were Commissioner today. He stated his dislike for the ESA and the conflicts it causes, <br />and detailed a couple of smaller projects that he would not pursue, while ardently restating his <br />support of the construction of the Glenn Canyon dam. <br /> <br />Panel Three: Topics about tribal issues watershed management, confidentiality in watershed <br />processes, negotiation and evidentiary issues concerning scientific modeiing and transactional <br />due diligence. <br /> <br />Morning speaker: Jerome Muys, of Washington, D.C., spoke about equitable apportionment and <br />interstate watershed protection and management. <br /> <br />Panel Four: Inter-jurisdictional watershed management, moderated by Jennifer Gimbel. Panelists <br />included: Prof. Chuck DuMars, University of New Mexico who spoke about the role of compacts <br />as tools for watershed management; Kara Gillon, Defenders of Wildlife, talked about her <br />experience in the lower Coiorado and the Middle Rio Grande rivers; and Jim Lochhead <br />contrasted the experiences of the Great Lakes and the Colorado river. <br /> <br />Final session: What makes watershed processes work. Reed Benson, WaterWatch of Oregon, <br />provided the "pessimist's perspective." Mark Smith, Massachusetts Executive Office of <br />Environmental Affairs, relayed the results and lessons learned from the Massachusetts <br />Watershed Initiative. <br /> <br />3 <br />