
Participants will plumb issues ranging from the
resolution of century-old tribal water rights disputes to the recent
global trend toward water commodification.
"There's a lot of talk in the United States about
water banking, trading water rights and water marketing," said
Adell Amos, director of the UO's Environmental and Natural Law Resources
Law Program. "What would it mean if water was bought and sold on a
commodities market? What would the implications of that be?"
The third annual Northwest Tribal Water Rights
Conference at the law center next Thursday and Friday draws
representatives from 14 tribes in Oregon, Washington and Idaho.
Water rights disputes affect everyone living and
working in a river basin - farmers, fishermen, power generators,
residents. But the question of who gets what amount of water almost
always begins with the tribes, because their water rights are most often
senior.
"It's important to get those resolved early
on," Amos said.
The main speaker will be Michael Bogert, counselor to
the secretary of the U.S. Department of the Interior
His speech is entitled "Sovereignty, Certainty
and Opportunity: Secretary Kempthorne's Vision for Tribal Water Rights
Settlements in the West."
Bogert will be a draw for people trying to divine the
new Interior secretary's positions.
"It's an opportunity for the people in the
Northwest to really hear from the person in the Department of the
Interior who will be involved in much of the decision-making," Amos
said.
The issue of tribal water rights is prominent in the
Klamath Basin in Southern Oregon and Northern California.
There, the Klamath Tribes are fighting farmers for a
larger share of the rights to Klamath water. Farmers, tribes,
hydroelectric dams and fisherman all place competing demands on the
waterway.
One presenter at the conference will be Bud Ullman,
attorney for the Klamath Tribes, which are involved in litigation rather
than than the Interior's negotiated settlement process.
Ullman said he plans to speak on making "more
promises of water than nature gives us to deliver with every year,"
he said.
"What the conference is trying to do is lay the
groundwork for what solutions may exist
and how to pursue them," he said.
Bogert was the Seattle-based regional administrator
for the U.S. Environmental Protection Agency's Region 10 before Idaho
Gov. Dirk Kempthorne was tapped last March by President Bush to replace
Gale Norton as the Secretary of the Interior.
Kempthorne hired Bogert for the Interior Department
leadership team.
One big question is whether Kempthorne will be willing
use the negotiated settlement process to quantify tribal water rights in
Western watersheds.
The process brings all the agencies within the
Interior Department to the negotiating table and allows for creative
solutions, Amos said.
"Some tribes have sometimes fared very well under
these settlements," she said.
WATER RIGHTS
A conference at the University of Oregon Law School features
national experts and Michael Bogert, the U.S. government's top official
on tribal water rights:
When and where: 7 a.m. Oct. 26 to about 5 p.m. Oct. 27 at the
Knight Law Center.
Cost: $325 professionals, free to students
Information: www.law.uoregon.edu/org/nwtwc/
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