SLIDES: Rethinking Western Water Law: Restoring the Public Interest in Western Water Law

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School 20 slides

Bibliographic Details
Main Author:	Squillace, Mark
Format:	Text
Language:	unknown
Published:	Colorado Law Scholarly Commons 2009
Subjects:	western water law water law water policy West rethinking legal reform public interest challenges climate change rain patterns snow patterns evaporation evapo-transpiration rates evapotranspiration rates warmer temperatures snowpack melting glaciers population growth drought running out of water water supply and demand Lake Mead National Geographic 2008 Brad Udall Western Water Assessment 2008 stationarity www.water-data/com water resources management water resource management bath tub ring Last Chance Bay Lake Powell Upper Colorado Basin Snowpack snow water equivalent state property water rights permanent property rights agricultural water rights irrigated agriculture low value crops public values instream flows junior water rights beneficial use reduce consumption reallocation efficient distribution public's rights in water resources private rights public rights public resources private water rights Colorado Wyoming Constitution Article 8 sec. 3 Nebraska New Mexico Stat. Ann. 72-5-7 detrimental to public welfare Utah conservation of water Oregon rebuttal presumption Or. Rev. Stat. 536.300 (2007) use efficiency waste avoidance endangered species threatened species sensitive species water quality fish and wildlife recreation economic development local land use regulations Board of County Comm’rs v. United States 891 P.2d 952 (Colo. 1995) prior appropriation conflict public interest theory water court public policy absence of statutory authority public property on the record of agency decisions public interest standards definitions limits of the public trust doctrine National Audubon Society v. Superior Court Mono Lake case balance public trust doctrine common law changing needs statutes constitutions restoration of the public interest on the written record detrimental to the public interest judicial review Overton Park self-defining balancing of interests Alaska economic costs and benefits opportunity costs fish and wildlife impacts recreational impacts instream values public interest screen conditions on water rights term of years minimum stream flows environmental protection environmental assessment cumulative impacts assessment William F. West Ranch v. Tyrell 206 P.3d 722 (Wyo. 2009) justiciable claim standards permit terms limits on existing rights taking private property 5th Amendment fifth amendment Lucas v. SCCC 505 U.S. 1003 (1992) character and impat of the regulations "reasonable investment-backed expectations" Penn Central Transp. Co. v. City of New York 438 U.S. 104 (1978) Natural Resources Law Center NRLC study survey Western states' water laws allocating water water allocation decisions approving applications for water rights proposed outputs model guidelines model rules recommendations public ownership standards states citizen groups interested parties stakeholders flexibility regulation of water rights public interest in water aesthetic values ecological values recreational values restore public rights takings claim protection of priorities amounts of water Administrative Law Agriculture Law Aquaculture and Fisheries Biodiversity Climate Energy and Utilities Law Energy Policy Environmental Health and Protection Environmental Law Environmental Policy Forest Management Hydrology Jurisdiction Land Use Law Litigation Natural Resource Economics Natural Resources and Conservation Natural Resources Law Natural Resources Management and Policy President/Executive Department Property Law and Real Estate Risk Analysis Science and Technology Law State and Local Government Law Bay Lake
Online Access:	https://scholar.law.colorado.edu/western-water-law-policy-and-management/25 https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1022&context=western-water-law-policy-and-management

Description
Summary:	Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School 20 slides