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About the Conference
The conference will focus on the Nation’s system of water laws in the face of an explosion of population growth and a real estate boom. Speakers will address the central question of whether antiquated laws are flexible enough to provide policymakers with the tools needed to manage our water supplies in the face of increasing demand and urbanization. Panels will contemplate how institutions that manage water resources can successfully adapt to the dynamic water world; how administrators can interpret historic water agreements with Indian tribes in the east and in the west; and how interested parties should allocate water demands once federal projects are paid out. Other speakers will debate the constitutionality of the Endangered Species Act and will discuss implications of the Clean Water Act on water supplies. Practitioners also will hear from developers, environmentalists and regulators who routinely find adequacy of water supplies to be the key component to urbanization and development. The conference will include a view from Washington, D.C. regarding current issues and will conclude with a highlight of hot topics in water law.
Who Should Attend
This conference will address issues faced by policy makers, lawyers, municipal planners, consultants, and other professionals in managing water supplies and dealing with water right controversies. The session will interest all persons involved in water rights issues, including those with municipal, agricultural, and tribal water supplies, in both the public and private sectors. The conference is open for any interested person to attend, and is not limited to lawyers.
Conference Highlights
- Closing address by Assistant Secretary of the Interior for Water Mark Limbaugh discussing the "View from Washington" on the relationship between water resources and growth.
- Opening panel discussing "Who Owns the Water" that has been developed by the United States under the Reclamation Act, used by irrigators, regulated by States, claimed by Tribes and is now coveted by developers across the urbanizing West.
- A conversation on what is an adequate water supply, both from a legal and practical perspective, and whether looking to assure an adequate water supply is really the best way to provide water necessary to meet the needs of a growing population.
- Moot court debating the question of whether the federal Endangered Species Act is, in fact, constitutional under the Supreme Court’s recent Commerce Clause jurisprudence.
- Discussion of the complicated ethical questions associated with multi-party negotiations and mediations in the context of new development and water resources.
- Three distinguished practitioners discussing the similarities (and differences) of interstate adjudications and conflicts among the United States, Tribes and States taking place based on riparian water rights versus appropriative water rights.
- Update on the latest developments on TMDLs and a discussion of the ways water quality is used to regulate growth and development.
Registration and Receptions(cash bars)
Registration Reception
Wednesday, February 22, 2006
6:00 p.m. – 7:30 p.m.
Skip the line at the registration desk on Thursday morning by checking in at this reception.
Welcome Reception
Thursday, February 23, 2006
5:00 p.m. – 6:30 p.m.
Join your colleagues and program presenters at the end of the day for this networking opportunity.
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Program Co-Chairs
David R.E. Aladjem
Downey Brand LLP
Sacramento, CA
Reagan L.B. Desmond
Ball Janik LLP
Bend, OR
Presented in cooperation with:
The State Bar of California Environmental Law Section
Program Cosponsors:
Conference of Western Attorneys General
Native American Rights Fund
Western States Water Council
About the ABA Section of Environment, Energy, and Resources
The Section of Environment, Energy, and Resources is the premier forum for strategies and information for environmental, energy, and resource professionals. It represents more than 11,000 members with a wide range of professional interests. The Section keeps its members abreast of development trends, current court decisions, legislative initiatives and statutes concerning environmental, natural resources, and energy law.
About the Water Resources Committee
The Water Resources Committee focuses primarily on substantive and practice developments that impact water allocation and availability. These fall into a broad spectrum of subject areas, including state water law; federal and tribal water law; issues arising under the Endangered Species Act and the Clean Water Act; interstate allocation of water; the Public Trust Doctrine; reserved water rights; state, local and municipal planning of water supplies; and federal reclamation law.
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