TEGNER S C ENTER
University of Utah S.J. Quinney College of Law Salt Lake City, Utah
TW E L F T H A N N UA L S Y M P O S I U M
Friday & Saturday March 2 - 3, 2007
is without both No societythehealthy save the best ofthe will to create anew and will to the old.
Wallace Stegner
Tom Till / tomtill.com
The Colorado River Compact in the 21st Century: Time for Change?
P R I N C I PA L F U N D I N G
BY
R. Harold Burton Foundation Chevron
F R I D AY
Transforming Hindsight into Foresight: The Lessons of the Colorado River Compact for the Twenty-First Century
SPEAKERS
PATTY LIMERICK is the Faculty Director and Chair of the Board of the Center of the American West at the University of Colorado. She has dedicated her career to bridging the gap between academics and the general public and to demonstrating the benefits of applying historical perspective to contemporary dilemmas and conflicts. Under her leadership, the Center of the American West serves as a forum committed to the civil, problem-solving exploration of often contentious public issues by appealing to our common loyalties and hopes as Westerners. Her books include the acclaimed The Legacy of Conquest, an overview and reinterpretation of Western American history. ROBERT ADLER is Associate Dean for Academic Affairs and James I. Farr Chair in Law at the S.J. Quinney College of Law. His books include Restoring Colorado River Ecosystems: A Troubled Sense of Immensity (forthcoming 2007); Environmental Law: A Conceptual and Pragmatic Approach (with David Driesen, forthcoming 2007); and The Clean Water Act: Twenty Years Later (1993). He teaches civil procedure, environmental law, and water law.
Whither the Compact?: Is the Compact Resilient Enough to Meet Future Challenges?
Lower Basin Perspective Meeting Negotiated Expectations
JERRY ZIMMERMAN is the Executive Director of the Colorado River Board of California. He also serves as chairman of the Colorado River Basin Salinity Control Forum and the Lower Colorado River Multi-Species Conservation Program Steering Committee, a cooperative federal/state/non-governmental endangered species conservation effort. He is Californias representative on the Glen Canyon Adaptive Management Work Group and the Colorado River Management Work Group, and is one of Californias representatives in the ongoing discussions and negotiations among the seven Colorado River Basin states dealing with long-term issues on the Colorado River.
Upper Basin Perspective: Upper Basin Plans to Develop its Full Compact Apportionment of Water. What are the Consequences? Dividing the Pie Dealing with Surplus, Dealing with Drought
DON OSTLER is the Executive Director and Secretary for the Upper Colorado River Commission, which represents the states of Colorado, New Mexico, Utah, and Wyoming. He served for 18 years as the Director of the Utah Division of Water Quality and Executive Secretary to the Utah Water Quality Board. He is the past President of the Association of State Water Quality Directors in Washington D.C. and past Chair of the Western States Water Council Water Quality Committee.
ROBERT W. (BOB) JOHNSON was confirmed as the 17th Commissioner of the Bureau of Reclamation on September 30, 2006. He is committed to working collaboratively with the Western states, Indian Tribes, water and power users, and others to find and implement innovative and effective solutions to todays Western water needs to avoid future water crises. Johnson joined the Bureau of Reclamation in 1975 and served as the Regional Director of Reclamations Lower Colorado Region from 1995 to 2006. He grew up on a farm in Lovelock, Nevada that received its irrigation water from a Reclamation project.
Hydrologic and Geomorphic Changes of the Colorado River System Upstream from Hoover Dam: A Mandate for Restoration?
JOHN ( JACK) C. SCHMIDT is Professor of Watershed Sciences at Utah State University where his research focuses on understanding the physical processes, management, and restoration potential of streams and rivers in the western United States. He has worked on the Colorado River in Grand Canyon for more than 20 years and helped devise experimental flood releases from Glen Canyon Dam intended to improve ecosystem conditions. Jack has served as an advisor to government agencies on the management of the Colorado River and serves on boards of foundations and organizations focused on the management of the Colorado River.
My Governor appointed me delegate to the Seven States [Colorado River
Compact] Conference. I said what I had to say, being profoundly convinced against it; but I discovered there is little one can say against an enterprise that will not come to proof for perhaps fifty years.
M A RY A U S T I N ( 1 9 3 2 )
F R I D AY S P E A K E R S
Natures Fair Share: Ecosystem Needs and Benefits in the Lower Colorado River and Delta Indian Federal Reserved Water Rights to the Colorado River
KARL W. FLESSA has a joint appointment in Geosciences and in Ecology and Evolutionary Biology at
the University of Arizona. He and his students have been working on the Colorado River Delta since 1992. Flessa has been a Humboldt Fellow, a program officer at the National Science Foundation, and President of the Paleontological Society. He currently directs the Research Coordination Network for the Colorado River Delta, an NSF-funded effort to facilitate research on the lower Colorado River and its delta.
SUSAN M.WILLIAMS is a shareholder in Williams & Works, P.A., an Indian-owned and woman-owned law firm in Corrales, New Mexico. She is an enrolled member of the Sisseton-Wahpeton Oyate and a graduate of Harvard Law School. As a lead lobbyist in several successful Indian legislative efforts, she has promoted federal law amendments such as one treating Indian tribes as states under the Safe Drinking Water Act, the Clean Water Act, and the Indian Tribal Governmental Tax Status Act. In April of 1989, she successfully argued the Big Horn water rights case before the United States Supreme Court.
The River No More?: Water for the Delta
JENNIFER PITT is a senior resource analyst at Environmental Defense, a national environmental organization, where she has managed their program to protect and restore the Colorado River delta for eight years. She has published numerous papers on the delta, the Colorado River, and the potential for water markets to create opportunities to restore the environment.
Colorado River Integrated Management South of the Border: From Theory to Practice
J. FRANCISCO ZAMORA-ARROYO is the Project Manager for the Colorado River Delta for the Sonoran Institute. He has developed an integrated analysis of the Colorado River Delta, including threats and opportunities for conservation and restoration of conservation priority areas. He is responsible for integrating community stewardship, applied science, and local values in an alliance to reform water policy, conserve and restore conservation priority areas, and facilitate collaboration between water managers and local leaders.
S AT U R D AY
Tree Rings: A Record of Past Flow with Implications for the Future
SPEAKERS
CONNIE WOODHOUSE recently joined the University of Arizona as an associate professor in the Department of Geography and Regional Development, with a joint appointment at the Laboratory of Tree-Ring Research. Formerly, she was a physical scientist at the National Climatic Data Center and a research fellow at the University of Colorado Institute of Arctic and Alpine Research. Her research includes the reconstruction of past climate from tree rings, with a focus on streamflow and drought in the Rocky Mountains and the Great Plains. Her recent work includes an updated reconstruction of streamflow in the Upper Colorado River basin.
The Effects of Climate Change on the Hydrology and Water Resources of the Colorado River
NIKLAS CHRISTENSEN lives in Seattle, Washington and currently works for Herrera Environmental Consultants as a water resource engineer and the University of Washington where he is involved in ongoing climate change research. He published a paper in 2004 on the effects of climate change on the Colorado River that utilized a single global circulation model and is currently updating that study with 11 global circulation models using the latest emission scenarios projected by the Inter-Governmental Panel on Climate Change.
We know that our urban desert culture is quickly outstripping the
Colorados ability to support it. What we do not know is, have we learned anything? Would we do it all over again?
E L L E N M E L O Y ( 1 9 9 9 )
S AT U R D AY S P E A K E R S
Water Markets and Trades
STEVEN E. CLYDE is a shareholder and managing director of Clyde Snow Sessions & Swenson, P.C. Throughout his 30 years of practice, he has specialized in the practice of natural resources law, with a primary emphasis in water law. He is a contributing editor to Western Water Law & Policy Reporter a national water law periodical, and a contributing author to the water law treatise Water and Water Rights. DAVID S. SID WILSON, JR. is general manager of the Central Project Arizona (CAP), which is recognized as a water management leader in Arizona. CAP manages the largest renewable water supply in the state, operates the Central Arizona Groundwater Replenishment District, helps shape public and political water policy, and is a key player in important water management/environment interface issues. Wilson has worked in water management for 38 years. TOM TILL is one of the Wests best-known landscape and nature photographers. During his 30-year career, he has created imagery with his 4x5 view camera in all fifty states and in sixty countries. In 2006, Till was made a fellow of the North American Nature Photography Association, one of only a handful of landscape photographers to be so honored. Outdoor Photographer Magazine has named him one of the Lords of landscape photography, and Backpacker Magazine has called him one of the worlds finest photographers. In 2006 he was inducted into the Iowa Rock and Roll Hall of Fame. RICHARD J. INGEBRETSON received his masters and Ph.D. in biophysics from the University of Utah and his M.D. degree from the U of U School of Medicine. He is a professor in the department of physics and an instructor of medicine at the University of Utah School of Medicine. He founded the Glen Canyon Institute in 1995 to investigate restoring the Colorado River through Glen Canyon and the Grand Canyon.
Banking the River: The Future and Impact of Water Banking
The Flowing Desert: Images of the Colorado River System
Glen Canyon, Heart of the Colorado
Beyond the Divisions: A Compact that Unites
PAT MULROY oversees the operations of the Las Vegas Valley Water District, which serves more than 300,000 customers, and the Southern Nevada Water Authority, which is responsible for acquiring, treating, and delivering water to local agencies that collectively serve 1.8 million residents and nearly 40 million annual visitors. She serves on the Association of Metropolitan Water Agencies Board of Directors and is a member of the American Water Works Association.
Questioning and Defending the Compact
Clearing-up Misconceptions About the Work of the 1922 Colorado River Compact Commissioners The Law of the River: Use It [Creatively] or Lose It
JUSTICE GREGORY J. HOBBS, JR. is a Colorado Supreme Court Justice, vice president of the Colorado Foundation for Water Education, and a co-convener of the western water judges educational project, Dividing the Waters. Hobbs practiced law for 25 years prior to becoming a judge, specializing in water, environment, land use, and transportation. He is the author of In Praise of Fair Colorado; The Practice of Poetry, History, and Judging; and Colorado: Mother of Rivers, Water Poems. DAVID GETCHES is Dean of the University of Colorado School of Law and Raphael J. Moses Professor
of Natural Resources Law. From 1983-1987, he served as Executive Director of the Colorado Department of Natural Resources under Governor Richard D. Lamm. He has consulted widely concerning water policy and national policies concerning indigenous peoples with governmental agencies and NGOs in the United States, Latin America, and Europe. He has published several books, including Water Resource Management, Water Law in a Nutshell, and Searching Out the Headwaters: Change and Rediscovery in Western Water Law and Policy.
the Colorado River is the most used, the most dramatic, and the most highly litigated and politicized river in this country, if not the world.
P H I L I P F R A D K I N (1 9 6 8 )
AG E N DA
F R I DAY, M A R C H 2 , 2 0 0 7
AG E N DA
S AT U R DAY, M A R C H 3 , 2 0 0 7
PA RT 1 OV E RV I E W
7:30 8:30 8:40 Registration
PA RT 1 V T H E F U T U R E O F T H E R I V E R , T H E F U T U R E O F T H E C O M PAC T
9:00
Welcome Transforming Hindsight into Foresight: the Lessons of the Colorado River Compact for the Twenty-First Century Patty Limerick Whither the Compact? Is the Compact Resilient Enough to Meet Future Challenges? Robert Adler
Break
Tree Rings: A Record of Past Flow with Implications for the Future Connie A. Woodhouse The Effects of Climate Change on the Hydrology and Water Resources of the Colorado River Niklas Christensen
Break
9:40
9:20
10:20 10:50 11:30
10:00
PA RT 1 I C U R R E N T P E R S P E C T I V E S
10:30 11:10
Water Markets and Trades Steven E. Clyde Banking the RiverThe Future and Impact of Water Banking David S. Sid Wilson, Jr.
Lunch
Lower Basin PerspectiveMeeting Negotiated Expectations Jerry Zimmerman Upper Basin Perspective: Upper Basin Plans to Develop its Full Compact Apportionment of Water. What are the Consequences? Don A. Ostler Dividing the PieDealing with Surplus, Dealing with Drought Robert W. (Bob) Johnson (invited)
Lunch
12:10 12:50 1:30 2:10
The Flowing Desert: Images of the Colorado River System Tom Till Glen Canyon, Heart of the Colorado Richard J. Ingebretsen Beyond the Divisions: A Compact that Unites Pat Mulroy
Break
11:50
12:30
PA RT 1 I I U N M E T N E E D S
1:10
2:50 3:20 5:00
Questioning and Defending the Compact
Clearing-up Misconceptions About the Work of the 1922 Colorado River Compact Commissioners
Hydrologic and Geomorphic Changes of the Colorado River System Upstream from Hoover Dam: A Mandate for Restoration? John (Jack) C. Schmidt Natures Fair Share: Ecosystem Needs and Benefits in the Lower Colorado River and Delta Karl W. Flessa
Break
Gregory J. Hobbs, Jr.
The Law of the River: Use it [Creatively] or Lose it
1:50
David H. Getches
2:30 3:00
Indian...