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Resource Law Notes Newsletter, No. 5, May 1985

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Resource Law Notes Newsletter, No. 5, May 1985 University of Colorado Law School Colorado Law Scholarly Commons Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) Newsletters 5-1985 Resource Law Notes Newsletter, no. 5, May 1985 University of Colorado Boulder. Natural Resources Law Center Follow this and additional works at: https://scholar.law.colorado.edu/resource_law_notes Part of the Energy and Utilities Law Commons, Energy Policy Commons, Environmental Law Commons, Environmental Policy Commons, Indian and Aboriginal Law Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Oil, Gas, and Energy Commons, Oil, Gas, and Mineral Law Commons, Public Policy Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Resource Law Notes: The Newsletter of the Natural Resources Law Center, no. 5, May 1985 (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law). RESOURCE LAW NOTES: THE NEWSLETTER OF THE NATURAL RESOURCES LAW CENTER, no. 5, May 1985 (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law). Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School. Resource Law Notes The Newsletter of the Natural Resources Law Center University of Colorado, Boulder • School of Law Number 5, May 1985 Two Conferences 11:15 a.m. Lawrence J. MacDonnell, The Endangered Species Act and Western Water Scheduled for June Development As part of its sixth annual summer program, the Natural 12:00 noon David Getches, The Future of Western Resources Law Center is presenting two conferences. The Water Law first, June 3-5,1985, considers Western Water Law in Tran­ 1:30 p.m. Richard Collins, Putting Undeveloped Indian sition. The prior appropriation doctrine has governed the Water Rights to Use allocation and use of water in the western United States since 3:00 p.m. Henry Caulfield, Financing Water Projects: the 1850s. The shifting nature of water demand is bringing Where Do We Go From Here? about changes in the traditional legal system. This con­ Panel respondents: J. William McDonald, ference will consider the fundamental principles of the prior Dunn Krahl, Robert Kerr, Chris Paulson appropriation doctrine together with the important new developments in the law now underway throughout the West. The second conference, June 10-11, 1985, considers Public Lands Mineral Leasing: Issues and Directions. PROGRAM Federal leasing programs, especially for oil and gas and coal, June 3, 1985 have been undergoing important changes in recent years. 9:00 a.m. Charles F. Wilkinson & James N. Cor- This conference will provide an overview and an update for bridge, Jr., The Prior Appropriation System those involved in public lands mineral development. Signifi­ in Western Water Law: The Law Viewed cant new issues also will be addressed. Through the Example of the Rio Grande Basin PROGRAM 12:10 p.m. Judge Jean Breitenstein, Western Water June 10, 1985 Law in Historical Perspective 9:00 a.m. Larry McBride, Current Developments in 1:30 p.m. Lawrence J. Wolfe, Administering Water Public Lands Administration Rights: the Permit System 9:45 a.m. John R. Little, Jr., Lands Available for 3:20 p.m. Ray Petros, Administering Water Rights: the Mineral Leasing Colorado System 11:00 a.m. Terry N. Fiske, Pitfalls in Federal Oil and 5:45 p.m. Cocktails and banquet Gas Leasing 12:00 noon Robert F. Burford, Federal Lands Leasing June 4, 1985 Policy in the Second Reagan Administration 8:30 a.m. J. David Aiken, Developments in Ground- 1:30 p.m. Robert E. Boldt, Royalty Management I: water Law Current Status 10:00 a.m. A. Dan Tarlock, Interstate Transfers of 2:00 p.m. R. Carol Harvey, Royalty Management II: Water: Opportunities and Obstacles Industry Concerns 11:00 a.m. David Robbins, Representing the Water 3:00 p.m. Karin Sheldon, Environmental Considera­ Client tions in Public Lands Mineral Leasing and 1:45 p.m. Julia Epley, Water Quality Considerations Development I 2:30 p.m. Steven J. Shupe, Legal Implications of In- 3:30 p.m. Jerry Muys, Environmental Considerations stream Flows and Other Nonconsumptive in Public Lands Mineral Leasing and Uses Development II 3:30 p.m. Harrison Dunning, The Public Trust Doc­ 4:00 p.m. Joe Young, William L. Shafer, Connie trine: Conflict with Traditional Western Brooks, Abe Phillips, The Noncompetitive Water Law? Oil and Gas Leasing System: What Should 4:15 p.m. John Krautkraemer, Inefficiency, Waste, Be Done? (Panel Discussion) and Loss: Water Supplies of the Future? 5:00 p.m. Cocktails June 11, 1985 9:00 a.m. B. Reid Haltom, Operating Under New June 5, 1985 Laws Pertaining to Mineral Development on 8:45 a.m. Charles T. DuMars, Federal/State Relations Indian Lands in Theory and Practice 9:45 a.m. John Latz, The Federal Coal Leasing Pro­ 10:15 a.m. Michael D. White, Unresolved Issues in gram: Practice, Procedures, Current Status Federal Reserved Rights (continued page 2) Two Conferences, continued Intermountain Forestry Services and Michael Scott of the Wilderness Society. The luncheon speaker was Craig Rupp, 10:45 a.m Gail Wurtzler, Special Issues I: Diligence former Regional Forester for the Rocky Mountain Region. Requirements The program attracted over 100 registrants. Most came 11:30 a.m Governor Ed Herschler, State Interests in from Colorado but Idaho, Wyoming, Utah and New Mexico Federal Lands Leasing also were represented. A diversity of interests also was 1:00 p.m Marilyn Kite, Special Issues II: Lease Ad­ represented including private attorneys, federal, state and justments and Royalty Requirements local government, business and industry, environmental 1:45 p.m Sandra Blackstone, Getting the Coal Leas­ organizations, academics and students, and others. ing Program Back on Track: The Linnowes Outlines of the presentations are available from the Center Commission and Beyond for $15. Cassette tapes of the full day may be purchased from 2:45 p.m Thomas Cope, Leases for Other Minerals: the Center for $40. Individual segments are also available. Selected Problems 3:30 p.m Lawrence J. MacDonnell, State and Local Regulation Affecting Public Lands Mineral Lease Activities: What Are the Limits? Law, Development. The conferences will be held at the University of Colorado School of Law in Boulder. A separate field trip is scheduled And the Sri Lankan Elephant following the water law conference on Thursday, June 6, 1985 and will involve visits to see major transmountain diver­ by sion works and agricultural irrigation practices. For further Barbara Lausche, NRLC Research Fellow information, please contact the Center at (303) 492-1286.- I recently returned from a short law consultancy in Sri Lanka involving an interdisciplinary project to advise on na­ Resources Center Hosts tional conservation policy. Sri Lanka, like many developing countries, is experienc­ Forest Management Forum ing increased population pressures and A one-day program on “ Management of National Forests competition for limited resources, par­ in the Rocky Mountains” was held at the University of Colo­ ticularly land and water. Similarly, it is receiving substantial multilateral assis­ rado School of Law on March 28, 1985. Organized and Barbara Lausche presented by the Natural Resources Law Center, the pro­ tance for capital-intensive development gram explored a number of topics of widespread interest in­ projects, most notably for irrigated agriculture. cluding below cost timber sales, recreation uses, forest ac­ My recent work in Sri Lanka provides an opportunity to cess and rights of way, and reserved water rights claims for discuss here the kinds of development circumstances that watershed management. are increasing interest in and inquiry about environmental The historical background and present legal context were law in many developing countries. Before I turn specifically introduced by Professor Charles Wilkinson, visiting professor to Sri Lanka and its elephants, a key trigger that raised envi­ at the University of Colorado School of Law. Other speakers ronmental awareness generally, some explanation is needed included Dave Anderson and Jim Beavers from the Forest about my field, international environmental law. Service, Professor Al Dyer from Colorado State University, Dewitt John from the Governor’s Policy Office in Colorado, What Is International Environmental Law? Charles Lennahan from the Office of General Counsel and Today, more than 20,000 laws and regulations and over Steve Shupe, a Denver attorney. Additional panel par­ 300 treaties exist worldwide related to living resources ticipants included Jim Torrence, Regional Forester for the management and environmental protection. The volume of Rocky Mountain Region of the Forest Service, Jim Riley of court cases and jurisprudence has increased to similarly im­ pressive figures. This world body of law is composed of in­ ternational, regional, and national components and may be casually referred to as “ international environmental law.” The dynamic relationship between all operating levels is a key characteristic of international environmental law. Inter­ national criteria provide impetus and in some cases the re­ quirement for improved or strengthened national measures. Conversely, national legislation ultimately may influence in­ ternational or regional standards. This feature causes par­ ticular legal principles and guidelines to acquire a character broader than any individual level alone would provide.
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