The Northwest Water Law Symposium (NW-WLS) is a student-run consortium of law schools throughout the Northwest including the University of Oregon, Lewis & Clark, Willamette, University of Washington, University of Idaho and the University of Montana. In its second year, the NW-WLS is expected to draw between 100 and 200 people from across the Northwest. Here, lawyers, scientists, government officials, and students will come together to share information and strategies to further the understanding and policy goals of water law. This year's symposium will explore a variety of topics that impact the Pacific Northwest including ballast water permitting, the state of our oceans, enforcement, tribal rights and more. NW-WLS has applied for 5 MCLE credits in Oregon and Washington.
*Program subject to change. Please check back for updates.
9:00am-9:30am Registration
9:30am-9:50am Opening Remarks
10:00am-11:00am Panel One & Two
1) Ballast Water Permitting: Ballast water is responsible for
introducing non-native species into Northwest aquatic ecosystems. Non-
native species can adversely impact the economy, the environment, and
cause harm to human health. Our panelists, representing legal,
regulatory, and scientific perspectives, will discuss the progress and
limitations of controlling the introduction of invasive species
through ballast water permitting.
2) Tribal Rights: Proposed Federal limitation of trust duties to
defend tribal water rights--isn't this "termination?"
In section 15 of the Klamath Basin Restoration Agreement, the United
States offered assurances that it would subordinate tribal water and
fishing rights to certain irrigation water diversions from the river.
Two tribes with recognized fishing rights (and one without such
rights) acceded to the proposed division of water between diversion
and instream flow uses. Three other tribes of the Klamath River Basin
refused to agree, citing Solicitor opinions that require the United
States to give priority to tribal water and fish flow uses. The
Interior Department drafted the following provision for federal
legislation, which has not yet been introduced, which would limit the
government's duties to the unconsenting tribes and allottees, as well
as to the consenting, tribes:
(g) Actions of the United States Acting in its Capacity as Trustee.-
In return for the Klamath Project Water Users' commitments related to
the water rights and water rights claims of federally recognized
tribes of the Klamath Basin and of the United States as trustee for
such tribes, and other benefits of as set forth in the Restoration
Agreement and this Act, the United States, as trustee on behalf of the
federally recognized tribes of the Klamath Basin and allottees of
reservations of federally recognized tribes of the Klamath Basin in
California, is authorized to make the commitments provided in the
Restoration Agreement, including the assurances in section 15 of the
Restoration Agreement. Such commitments are confirmed as effective and
binding without further action by the United States.
Is this limitation of federal trust duties to protect the rights of
unconsenting Indian tribes a "termination" provision?
11:10-12:25pm Panel Three & Four
3) The State of Our Oceans: Sea Planning and Overlapping Jurisdiction:
The success of coastal management requires improved understanding of
existing laws and regulations, including gaps and overlaps resulting
from fragmented management. Local and state governments must cooperate
with federal regulators and adhere to federal coastal management laws.
In addition, federal agencies must give deference to the primacy of
state decision-making. Join us for a look at how competing interests
and jurisdictions can work together to preserve our coastal resources.
4) Water Wars: Quantity, Drought and Privatization: "Many of the wars
of the 20th century were about oil, but wars of the 21st century will
be over water."?--Isamil Serageldin, World Bank Vice President. So
what will become of the pristine waters of the Northwest? Climate
change, droughts, and corporate control, oh my!
12:30pm-1:55pm Lunch and Keynote
Adell Amos, Deputy Solicitor for Land and Water Resources
"The Role of the Department of the Interior in US Water Law and Policy."
2pm-3:15pm Panel Five & Six
Enforcement, Science and Deference: Science plays a crucial role in
the enforcement of water laws. The deference and weight given to
science can determine the outcome of litigation. Our panelists will
discuss the current issues involved with building a case for water
violations and propose viable solutions or improvements.
6) CAFOs and Welfare Ranching: Solutions for the future of meat and
our water.
Welfare Ranching: Is livestock grazing compatible with good water quality (and good fish habitat)? How do we eliminate grazing impacts towater quality? Cows dump urine and fecal coliform directly in streams, and trample streambanks and stunt riparian vegetation that leads to excessive sedimentation, higher water temperatures, and a loss of good fish habitat, often on streams that are already listed as impaired under CWA 303(d). A discussion on recent litigation on grazing under the CWA, ESA and Wild & Scenic Rivers Act, and additional ideas for change.
3:30-4:30pm Closing Remarks and Reception
