II. COLORADO AND WYOMING HAVE BOTH FOLLOWED THE TRADITIONAL
WESTERN APPROACH TO INSTREAM FLOWS
A. Basle Features of Colorado and Wyoming Instream Flow
1. Only State Agencies May Hold Instream Flow Rights
II. OREGON WATER LAW: FIRST IN TIME, FIRST IN RIGHT
A. Instream Water Rights
B. Nuts and Bolts: On the Ground Regulation of the Right to Use
Water in Oregon
C. The Mechanics of Leaving Water Instream
THE YEARBOOK OF EUROPEAN ENVIRONMENTAL LAW: VOLUME 5 Edited by T.F.M. Etty and H. Somsen. Great Clarendon Street Oxford OX2 6DP U.K.: Oxford University Press, November 2005. (44 1865) 556-767. www.oup.com. ISBN: 0-19-927878-4. 640 pp. $250.00 Hardback....
Two United States Court of Federal Claims cases have given different answers to the question posed in the title of this article. One case found a per se physical taking of water users' property; the other ruled water users lacked property rights protected...
A. Water for Instream Values
B. Out-of-Stream Uses
C. Legal Protection for Instream Flows
II. SURVEY OF STATE INSTREAM FLOW PROGRAMS
B. Survey Results
2. Legal and...
Water is the West's most precious resource. Water management, water law, and water policy in the West are at a crossroads. A hard look at instream flow issues and a serious commitment to finding lasting water solutions are critical to the region's...
I. THE OREGON WAY: THINGS LOOK DIFFERENT HERE
II. OREGON'S EARLY NOTIONS OF INSTREAM FLOW PROTECTION
III. THE STORY OF OREGON'S 1955 MINIMUM STREAMFLOW PROTECTIONS
A. Prologue: Federal Water Policy and the Pelton Dam
II. WESTERN INSTREAM FLOWS: POLICY, PERCEPTION, AND REALITY
A. The Water Project Reality
B. The Progress of Water Reforms
III. WORKING WITHIN THE FRAMEWORK OF INSTREAM RIGHTS LAW
IV. FLEXIBILITY AND OPPORTUNITY FOR RESTORATION...
II. THE KLAMATH TRIBES' RESERVED RIGHTS: TIME IMMEMORIAL PRIORITY
AND A THIRTY-YEAR DELAY
A. The Adair Cases: Recognition Without Water
B. The Situation Today
III. THE WIND/BIG HORN RIVER LITIGATION: WATER RIGHTS...
A. Fishing As Way of Life and Means to Prosperity
B. Illinois Central and the Emergence of the Public Trust Doctrine
C. The Legacy of Illinois Central
D. The Public Trust Doctrine and the Montana...
II. THE FUNDAMENTAL TENSION--STATE CONTROL OF WATER RESOURCES
AND THE FEDERAL RESERVED WATER RIGHTS DOCTRINE
III. WATER RIGHTS POLICIES: DEFINING THE FEDERAL RELATIONSHIP WITH
STATE WATER LAWS
IV. LIMITATIONS AND RISKS UNDER...
Lewis & Clark Law School continues its celebration of the bicentennial 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 in...