Idaho Law Review: Symposium

The Idaho Law Review hosted a Water Law Symposium on Friday, March 22, 2024 at the University of Idaho College of Law-Boise Campus. Former Governor Dirk Kempthorne delivered the Opening Keynote Address, and other symposium speakers discussed state water rights adjudications; water quality regulation over "waters of the United States" ("WOTUS") after Sackett v. EPA; and the intersection and impact of state and federal laws on interstate rivers and aquifers. Symposium Presentation Materials and video recordings of of the Symposium sessions are now available below:

Download the Water Law Symposium Schedule

Download The Changing Colorado presentation

Download the Water Board Presentation

Download the Idaho Water Law Presentation

Download the Source Problems in Interstate Waters Presentation

SYMPOSIUM SCHEDULE:    Friday, March 22, 2024   8:00-4:30  

8:00  - CHECK-IN & COFFEE

8:30  -  OPENING KEYNOTE ADDRESS:  Dirk Kempthorne, Former Idaho Governor & Secretary of the Interior
Topic: Secretary of the Interior and Idaho Governor Dirk Kempthorne will deliver a reflection on Idaho’s Snake River Basin Adjudication, its historic success, and continuing importance. Length 1 hr.

9:45  - Session 1:   State Water Rights Adjudications in Idaho
Presenter:  Judge Eric Wildman, Idaho Water Court
Description: Why adjudicate water rights in Idaho?  An overview of the Snake River Basin Adjudication (SRBA), its purpose, historic significance, application, and motivation for adjudicating the rest of the state. Length 1 ¼ hrs.

11:00 - Session 2:   Understanding Water Quality Regulation in the wake of Sackett v. EPA
Moderator: Katy Riker, Environment & Natural Resources Law Section of ISB & Practicing Attorney at Holland & Hart LLP
Presenter:  Norman Semanko, Practicing Attorney, Parsons, Behle & Latimer
Description: A primer on water quality regulation as administered by states and the federal government. Explores the basis for federal jurisdiction over state water resources as “waters of the United States” (“WOTUS”) under the Clean Water Act. Specific focus will be placed on the implications of the 2023 U.S. Supreme Court decision Sackett v. EPA, affecting administrative rules defining WOTUS and wetlands. Length 1 ½ hrs.

12:00-1:15  LUNCH – Preordered Catered Box Lunches will be available for purchase through EventBrite

1:30 - Session 3:    Panel Discussion on Legal Mechanisms for Ensuring the Resilience of Interstate Water Resources
Moderator: Jillian Greene, Clerk to Ninth Circuit Court of Appeals Judge Richard Tallman
Panelists:  Burke Griggs, Interstate Water Litigation Scholar & Professor at Washburn University School of Law; Albert Barker, Practicing Attorney & Member of the Idaho Water Resources Board; Jason Robison, Professor at University of Wyoming College of Law & Interstate Water Law Scholar; Dr. Robert Van Kirk, Hydrologist, Henry’s Fork Foundation.
Description: Panelists will discuss the intersection of state sovereignty over water and the complex legal framework governing interstate water resources shared by multiple states, such as rivers and aquifers. The implications of federal water laws and interstate litigation over transboundary rivers and water compacts are explored.

3:30  - CLOSING KEYNOTE ADDRESS:  Solicitor, U.S. Department of the Interior Robert T. Anderson
The current Solicitor for the U.S. Department of the Interior will address the federal approach to managing interstate rivers in the Northwest in the face of climate change.

Attendance is free and open to all. An Eventbrite link will be posted soon to preregister for CLE credit and preorder catered Box Lunch.
Stay tuned for updates on the Idaho Law Review LinkedIn page.

Water Law Symposium
Friday, March 22, 2024
8:00 AM-4:30 PM MST
University of Idaho College of Law
Boise Campus - Room 114
501 Front Street
Free ZOOM Livestream