water rights – Page 23

The Columbia River Gorge, site of the nation’s first national scenic area and the only near sea level passage through the Cascade Mountains, possesses the longest continuously occupied site of human habitation in North America. The Gorge has served as a major transportation corridor between the Pacific and the Great Basin for hundreds of years, is home to spectacular scenery, dozens of waterfalls, many sacred sites, and abundant recreational activities, including world-class kite boarding and wind surfing. The Gorge has also been the location of over a century of legal battles that have made major contributions to American natural resources law. From judicial interpretations of 19th Indian treaties, to the development of the largest interconnected hydroelectric system in the world, to ensuing declines in what were once the world’s largest salmon runs – ultimately resulting in endangered species listings – to innovative federal statutes concerning electric power planning and conservation and land use federalism, to compensation schemes for landowners burdened with regulation, to dam removal and conflicts between sea lions and salmon, the Gorge has spawned a legal history as rich as its geography. This article surveys these developments and suggests that no area of the country has produced more varied and significant contributions to natural resources law.

Arizona Appellate Court Rejects Yavapai-Apache Challenge to State Water Law

July 25, 2011July 23, 2011Matthew L.M. Fletcher

Here is the opinion in Yavapai-Apache Nation v. Fabritz-Whitney.

Only 27% of Canada’s First Nations’ Drinking Water Is Considered Safe

July 21, 2011Peter Scott Vicaire

In a recent, independent study of water quality on reserves, it was determined that 39% of First Nations drinking water systems are at a “high” risk, while another 34% were deemed to be a “moderate” risk. The report also concluded that 6 billion dollars would be needed to adequately address the issue.

Here’s the original story.

Tom Schlosser’s New Paper on Klamath River Hydroelectric Restoration Agreements

July 20, 2011Matthew L.M. Fletcher

Tom Schlosse’rs new article was published by the Washington Journal of Environmental Law & Policy: “Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements.” You can download it here.

Here is the abstract:

In order to protect Indian property rights to water and fish that Indians rely on for subsistence and moderate income, the Interior Department Solicitor has construed federal statutes and case law to conclude that the Department must restrict irrigation in the Klamath River Basin of Oregon and Northern California. Draft legislation, prescribed by the February 18, 2010 Klamath River Hydroelectric Agreement and the Klamath Basin Restoration Agreement, would release the United States from its trust duty to protect the rights of Indian tribes in the Klamath River Basin. The agreements will also prolong the Clean Water Act Section 401 application process to prevent the Federal Energy Regulatory Commission from issuing a properly-conditioned license for dams in the Klamath River that will protect the passage of vital fish populations. This article argues that the agreements prioritize the water rights of non-Indian irrigation districts and utility customers over first-in-time Indian water and fishing rights.

Pyramid Lake Opposition to Truckee-Carson Irrigation Dist. Motion to Re-open Water Case

June 15, 2011Matthew L.M. Fletcher

Here:

Pyramid Lake Motion.

In honor of Navajo’s Rule 19 motion posted yesterday….