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In
Washington, as in most other
western states, gold rush miners
and other early settlers applied
mining law to water law in place
of riparian law. As a result,
water was allocated to those
first in time/first in right,
similar to staking a claim. That
law was later codified as the
surface water code (1917) and
the groundwater code (1945).
The water
codes were focused only on
allocating water and did not
address instream uses or even
finite water resources. Since
then, many basins became
over-allocated, which prompted
the passage of the Water
Resources Act in 1971. This law
created a mechanism to allocate
water rights to a stream for
fish, recreation and other uses
that depend on a certain amount
of water remaining instream.
But, it does not
guarantee water for streams that
are already over-allocated.
These water codes also include
exemptions for intended for
households and small farmers.
These exemptions have been used
for unsustainable water
withdrawals.
For example, developers
are using permit-exempt domestic
wells for rural multiple-house
developments known as "six-pack"
projects.
Also, stock watering is
exempt from permitting
regardless of herd size.
These and other water resource
problems are in part due to the
lack of a price signal on water.
With the exception of an
application fee and the cost of
infrastructure to use it, water
has historically been given away
for free. This is in contrast to
other valuable natural resources
that have fees discouraging
unnecessary use, enabling market
forces to prioritize uses, and
allowing for government
oversight needed to protect
public interests.
The conference this year
explores these subjects in more
depth with the backdrop of
climate change, population
growth and a dwindling state
General Fund that traditionally
provided for government services
such as water management.
Potential visions for the
future of water management in
Washington are presented with
the goal of stimulating action
and solutions for our current
and potential future water
allocation challenges.
Included with the conference
fee is your AWRA-WA chapter
registration for 2011, lunch and
refreshments during breaks the
day of the conference.
A map
showing the location of the
Seattle University Student
Center (Building # 15) is
provided here
(map).
CLE Credits (Washington State
Bar Association):
We have
been approved for 7.25 CLE
Credits by the Washington State
Bar Association.
Agenda:
Keynote Speaker:
Dr. Robert Glennon, the Morris
K. Udall Professor of Law and
Public Policy at the University
of Arizona.
A dynamic speaker, he is
the author of Unquenchable:
America's Water Crisis and What
To Do About It, (www.rglennon.com)
and has appeared on The Daily
Show with Jon Stewart:
http://www.thedailyshow.com/watch/thu-july-16-2009/robert-glennon.
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Session
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Speakers
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Keynote Speaker |
Dr. Robert Glennon - University of Arizona
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Groundwater Exemptions
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Paul Jewell - Kittitas County
Rachael Paschal Osborn - Center for Environmental Law & Policy
Joe Mentor - Mentor Law Group
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Instream flow rules
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Brian Walsh - Washington State Department of Ecology
Larry Wasserman -
Swinomish Indian Tribal Community
Hal Beecher - Washington State Department of Fish and Wildlife
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Water Pricing/21st Century Vision for Water Mgt.
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Gareth Green - Seattle University
Mike Schwisow - Roza Irrigation District
Ken Slattery - Washington State Department of Ecology
Lynn Kriwoken - British Columbia Ministry of Environment
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Submitted Presentations
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Submitted presentations accepted until Oct. 15, 2010
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Conference Presentations
The following conference presentations are posted with the
permissions of the presenters. As presentations are made
available to WA-AWRA, the title links will be made live.
To use any of the content within a presentation, please contact
the presenter for explicit permission.
The conference program is available
here.
SESSION 1: GROUNDWATER EXEMPTIONS
(Moderator: Tom Ring, Yakima Nation)
Impacts of the Groundwater Withdrawal Moratorium on Kittitas
County and Suggested Solutions
Paul Jewell, Kittitas County
Exempt Well Reform in Kittitas County and Washington State
Andrew Graham, HDR, Inc.
Suncadia’s Water Mitigation Bank
Joe Mentor Jr., Mentor Law Group
SESSION 2: GROUNDWATER EXEMPTIONS
(Moderator:
J. Scott Kindred, P.E., Aspect Consulting)
Overview of Instream Flow Rules
Brian Walsh, Washington Department of Ecology
Science Behind Instream Flow Rules
Hal Beecher, Washington Department of Fish and
Wildlife
Instream Flow Protection in Washington State; Does it really
exist? A Skagit Watershed Case Study
Larry Wasserman, Swinomish Indian Tribal Community
SESSION 3:
WATER
PRICING AND 21ST CENTURY VISION FOR WATER MANAGEMENT
(Moderator: Carl Einberger, Golder Associates Inc.)
The Economics of Water and Other Natural Resources
Gareth Green, Seattle University
Water Rights, Water Markets and Stream Augmentation
Amanda Cronin, Washington Water Trust
Living Water Smart: British Columbia’s Water Plan and the work
under way to modernize BC’s water laws for the 21st century
Lynn Kriwoken, British Columbia Ministry of Environment
Proposed Changes to the Washington State Department of Ecology’s
Water Resources Program
Ken Slattery, Washington State Department of Ecology
SESSION 4A: TOOLS FOR MANAGING WASHINGTON WATER RESOURCES
(Moderator: Tyler Jantzen, CH2M
Hill)
Adapting to Climate Induced Hydrologic Changes in the Yakima
River Basin; Unlocking Water Markets
Sergey Rabotyagov, Joseph Cook and Lily Hsueh,
University of Washington
Rewriting the HSPF Water Balance for Risk Analysis
Peter Steinberg, GoldSim Technology Group
SESSION 4B:
WASHINGTON WATER RIGHTS CASE STUDIES
(Moderator: Megan Kogut, University
of Washington)
Challenges of a Diverse Regional Utility with Washington’s Water
Laws
Paul Pickett, Thurston PUD
Case Study, New and Transferred Water Rights for the
Buckhorn Gold Mine and the Role of Adaptive Management,
Monitoring and Mitigation
Carl Einberger, Golder Associates Inc.
Water Permitting Strategies Using Water Right Mitigation Banks
Joseph Morrice and Timothy Flynn, Aspect
Consulting
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