Abstract: Water banks—a tool for exchanging senior water rights and offsetting new ones—can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These advantages should lead the Washington State Legislature to incentivize water banks, but in the 2018 “Hirst fix” it embraced habitat restoration as a false equivalent for water. The Legislature is rightfully concerned about the speculation that some private water banks allow. But overall, water banks enable new and productive uses while maintaining water in streams. Moving forward, Washington should embrace water banks for each unique basin’s needs.
PROTECTION FOR INDIAN SACRED SITES The Honorable William A. Fletcher U.S. Court of Appeals for the Ninth Circuit 34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS…Read More
34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022 INTRODUCTION I’ve been asked to talk about and give some reflections about the Restatement project.…Read More
Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention…Read More