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Western Instream Flows: Fifty Years of Progress and Setbacks.


Lewis & Clark Law School continues its celebration of the bicentennial bi·cen·ten·ni·al  
adj.
1. Happening once every 200 years.

2. Lasting for 200 years.

3. Relating to a 200th anniversary.

n.
A 200th anniversary or its celebration. Also called bicentenary.
 of the Corps of Discovery's extraordinary journey, focusing this year on "Restoring the Rivers of Lewis & Clark." On April 20-21, 2006, at the Oregon Convention Center The Oregon Convention Center is a convention center in Portland, Oregon. It is located on the east side of the Willamette River in the Lloyd District neighborhood. The Oregon Convention Center is best known for the twin spire towers which provide light into the building's interior.  in Portland, Oregon, the Oregon Law Institute and Lewis & Clark Law School hosted a symposium entitled "Western Instream Flows: 50 Years of Progress and Setbacks." This multi-faceted symposium brought together nationally renowned legal scholars as well as water resource managers, biologists, water policy advocates, tribal resource managers, and an audience of practicing attorneys and visiting professors. This edition of Environmental Law is rooted in that symposium and explores western water law as it applies to conservation efforts and the public interest in flowing rivers.

The rivers of the West have changed dramatically since the Lewis and Clark expedition Lewis and Clark expedition, 1803–6, U.S. expedition that explored the territory of the Louisiana Purchase and the country beyond as far as the Pacific Ocean.  made its way to the Oregon coast The Oregon Coast is a geographical term that is used to describe the coast of Oregon along the Pacific Ocean. Stretching 362 miles from Astoria to the California border, the Oregon Coast is unique in that the whole coastline is public land. . As ever-growing populations in the and West continually increase demand for water, our rivers have been dammed, diverted, and drained to meet the needs of cities, agriculture, ranching, and industry. Water alone, however, is not the only resource in rivers and streams. These waterbodies, the lifelines of the West, are of fundamental importance to natural ecosystems, as well as human cultural and recreational activities.

For fifty years, western water policy has struggled to find a place for ecosystem, cultural, and recreational instream uses within the doctrines of prior appropriation and beneficial use. This symposium, and its subsequent articles, examine the development of instream flow rights and obstacles to their implementation, the interplay of federal and tribal instream flow protection with state water law, and innovative approaches for the future of instream rights. Each author discusses the issue of instream rights from his or her area of specialty. Charles Wilkinson (1) provides a moving discussion of the importance of instream flows and the advocates who work to protect our rivers. Janet Neuman (2) traces the history of Oregon's instream flow protection legislation, and evaluates the failures, successes, and implications of Oregon's statutes both within and outside Oregon's borders. Michael Blumm, (3) David Becker, (4) and Joshua Smith Joshua Smith may refer to:
  • Joshua Smith (artist) (1905–1995), Australian artist
  • Joshua Toulmin Smith (1816–1869), British political theorist, lawyer and local historian of Birmingham
 (5) examine the efforts of six tribes to restore streamflows necessary to fulfill the purposes of their reservations, and the special problems tribes face by being forced to bring these challenges in state courts. Charlton Bonham Bonham can refer to:
  • Bonhams, a British auction house
  • Dr. Bonham's Case, a legal case decided in 1610 concerning the supremacy of the common law in England
  • Bonham, Texas, USA
  • Bonham (band), heavy metal band formed by Jason Bonham
People:
 (6) delves into the instream flow laws of California, Montana, and the Intermountain West The Intermountain West is a region of North America lying between the Rocky Mountains to the east and the Cascades and Sierra Nevada to the west. It is also called the Intermountain Region.  (Colorado, Idaho, Utah, and Wyoming) and their developments specifically with respect to water for fish, and concludes with recommendations for balancing the interests of the many stakeholders on rivers. Adell Amos (7) examines the interplay between the four major federal land managing agencies and state water law, and provides a comprehensive set of recommendations to balance the tension between state and federal governments over water rights for federal lands. Reed Benson (8) compares the water, law systems of Colorado and Wyoming and answers the question whether these states have made "adequate progress" since 2000 in improving their instream flow laws. Lastly, Ruth Mathews (9) provides a survey of state instream flow laws, looking beyond the legal framework to capacity, public awareness, science and technical tools, and monitoring and enforcement.

As demands on water resources increase with population growth, and climate change impacts the ecology of the rivers, the place for instream flows in water law is by no means certain. We hope these articles will give readers an understanding of instream flows, as well as inspire discussion on the impact and future of these flows in the restoration of the rivers of the West. Our rivers will never be what they were when the Corps of Discovery followed the mighty Columbia to the Pacific, but the vitality of this incredible western resource depends in large part on this element of water law. Environmental Law would like to thank all of our authors and the symposium planning committee--John Devoe, Janet Neuman, Anne Squier, Lin Harmon, Janice Weis, and Charles Wilkinson--for all of their hard work.

Courtney Watts

Symposium Editor

(1) Distinguished University Professor and Moses Lasky Professor of Law, University of Colorado University of Colorado may refer to:
  • University of Colorado at Boulder (flagship campus)
  • University of Colorado at Colorado Springs
  • University of Colorado at Denver and Health Sciences Center
  • University of Colorado system
.

(2) Professor of Law and Associate Dean of Faculty, Lewis and Clark Law School.

(3) Professor of Law, Lewis and Clark Law School.

(4) Staff Attorney, Western Resource Advocates, Salt Lake City, Utah For ships of the United States Navy of the same name, see .
Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake, or its initials, S.L.C.
.

(5) Judicial Clerk to United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 Judge James A. Redden
This article is about the U.S. District Judge in Oregon. A different Oregon resident named Jim Redden was the pubisher of PDXS and is a reporter for the Portland Tribune.
James Anthony "Jim" Redden Jr.
, Portland, Oregon.

(6) Senior Attorney and California Director, Trout Unlimited.

(7) Assistant Professor and Director, Environmental and Natural Resources Law Program, University of Oregon School of Law The University of Oregon School of Law, housed in the Knight Law Center, is Oregon's state funded law school. The school was founded in 1884.[1] The school is located on the University of Oregon campus in Eugene, Oregon, on the corner of 15th and Agate streets,  

(8) Winston S. Howard Distinguished Professor, University of Wyoming College of Law The University of Wyoming College of Law is the law school of the University of Wyoming in Laramie, Wyoming. Established in 1920, the school offers the J.D. degree in law, as well as a joint J.D. / M.P.A. .

(9) Founder, River Matters, Bellingham, Washington.
COPYRIGHT 2006 Lewis & Clark Northwestern School of Law
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:SYMPOSIUM
Author:Watts, Courtney
Publication:Environmental Law
Date:Sep 22, 2006
Words:768
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