Water law

Spring Break on the Colorado Plateau

Annie Carlozzi — Tue, 22 Apr 2025 00:40:34 +0000

Spring Break on the Colorado Plateau Annie Carlozzi Mon, 04/21/2025 - 18:40

Obie Johnson

The Colorado Plateau had thirteen additional spring visitors this year. More conspicuous in our convoy of rental cars than the migratory geese that loudly pronounce spring’s arrival, at times more inebriated than the craftiest fermenters of the berries on the now-blooming Utah Junipers, and with a palpable conviction to protect public lands, our group of thirteen from the Natural Resources Law Seminar enjoyed an incredible spring break on the Plateau. Because of the pure enjoyment I had, I’m happy to briefly reflect on what I’ve drawn from the experience in this blog post. I had never particularly enjoyed long road trips, probably thanks to one-too-many car rides with my family to youth soccer tournaments, but my reservations were erased by some combination of the spectacular landscapes, even more spectacular company, and inspiring conversations with stakeholders particularly impacted by the Plateau’s environmental issues. You can imagine a Floridian’s amazement at the Plateau’s Martian landscapes.

These stakeholders and underlying environmental issues are at the roots of our Seminar. We spent the early months of the semester teaching our fellow classmates about these issues—including overgrazing, mining, and water scarcity, among others in a seemingly inexhaustible list—with the hopefully not-too-frequent corrections of our professors, Mark Squillace and Chris Winter. Each of these topic matters were selected with the trip in mind so that we could speak constructively during meetings with the impacted groups on the plateau. Well, some of the groups; despite our best efforts, we couldn’t quite speak with the wildlife, though I’m sure some of us would have liked to tell the ducks and coyotes to quiet down at 4 or 5am. Nor could we speak to the endangered California Condor that sat pensively on the Navajo Bridge’s railings, as if to take in the great views of the Grand Canyon that its species was so nearly deprived of.

With the trip in the rearview mirror, I’d like to underscore a few challenges in our current management of public lands that I am impassioned to work through as a Wyss Scholar. Within the broad category of the struggle between development and the protection of environmental and cultural resources, there is a critical need to prioritize tribal sovereignty in public lands management. For many in our group, the highlight of the trip was the opportunity to speak to various Navajo and Hopi people about the issues of past and future development. Tribal nations continue to feel the impacts of development that proceeds without their control, whether that be groundwater pollution from uranium or coal mines for which the Navajo and Hopi nations received below-market royalties or efforts to strip protections for Bears Ears National Monument. In this sense, environmental law seems inseparable from human rights law. Take the Hopi people, for example, who emerged from the Grand Canyon and consider it the heart to which the Colorado River pumps life. Now restricted to a reservation that does not include the Grand Canyon (that these tribes have been removed from much of their ancestral lands underscores the inseparability of environmental and human rights law), do you think non-tribal entities adequately respected Hopi sovereignty when nearly damming the Grand Canyon in the 1960s? When precluding them and other tribes from decision-making authority during the upper and lower basin negotiations for Colorado River allocations? Mere consultation is insufficient, lest the process turn into a procedural box-checking exercise for the Government without any teeth to shape the outcome.

Now, not only are market forces continuing to drive demand for renewable energy infrastructure and the mining of critical minerals on public lands, but the Trump administration is taking every step to increase fossil fuel extraction. And while the former can be (but is not always) justified with prudent siting, deference to tribal sovereignty, and a need to combat climate change, the latter is premised on a faux “energy emergency.” Either way, development seems to be on an upward trajectory, which makes it even more concerning that this administration has proposed to, among many other things (see Secretarial Order No. 3418), rescind the Public Lands Rule and various Endangered Species Act protections. Because of these trends, our group was even more thankful to hear from leaders at the forefront of protecting our public lands, such as Neal Clark and the Southern Utah Wilderness Alliance.

I’ve become more thoughtful about the balance between recreation and preservation of the West since our trip. Perhaps it hit me on the trail to Horseshoe Bend, a few miles downstream of Glen Canyon Dam, which felt more like an obstacle course as we navigated a sea of people. Is the Horseshoe Bend viewpoint diminished by the constant flow of tourists who enjoy easy access from the adjacent parking lot? Does so formulaically regulating entry detract from the natural experience? Probably, but that presupposes that there still existed a natural experience to detract from, which is unlikely given the Glen Canyon Dam’s similarly formulaic regulation of the Colorado River’s flow through the sandstone walls of Horseshoe Bend. Either way, this raises an important consideration in public lands management to which there is no universally correct answer: how do we balance recreation and accessibility with the preservation of wild areas? There is an inherent tension here: increased access to scenic areas stokes conservation-mindedness yet may impair or degrade the very areas people leave with a deeper respect for. This is why The Access Fund’s work, for example, is so important; work at the margins like maintaining a trail can prevent the formation of social trails that trample wildlife, biotic crust, and increase erosion. We enjoyed a great hike in Indian Creek with some of their trail workers, learning about all of the work that is taken for granted to funnel hikers and climbers away from social trails. The impact of this work despite its granularity makes you wonder what our environmental agencies could do if their collective budgets weren’t being cut from ~$90 billion to ~$30 billion over the next decade by this Congress! If I were writing the checks, I’d certainly place my faith in people like Lena Pace, superintendent for Arches and Canyonlands national parks, who remarkably had answers for even our most incisive questions despite being just one year into her superintendency.

Finally, I’d like to encourage others to take this course. If we were to round up any student on the fence about pursuing environmental law, or those inclined to practice on the side of environmental law that will earn more in salary than in protection of the environment, and put them on this trip, I can’t help but think we’d return with more allies in preserving public lands. In that vein, thank you to the Getches-Wilkinson Center and the school for making possible such an unforgettable experience, thank you to Chris and Mark for such thoughtful and surprisingly smooth planning (apart from the many U-turns made), and thank you to the many stakeholders we spoke with throughout the trip for their insights!

Off

Traditional

White

Colorado Plateau Trip Reflections

Annie Carlozzi — Tue, 22 Apr 2025 00:24:43 +0000

Colorado Plateau Trip Reflections Annie Carlozzi Mon, 04/21/2025 - 18:24

Andrea Shipton

In March, I had the pleasure of spending a week on the Colorado Plateau with fellow students and professors from the Advanced Natural Resources Law Seminar. The Colorado Plateau – a heart-shaped desert region encompassing portions of Utah, Arizona, New Mexico, and Arizona – is home to some of the most unique landscapes and wildlife in the entire nation. In the fall of 2023, I took my first visit to the Plateau for a canyoneering trip and was immediately hooked. From the hoodoos of Goblin Valley State Park to the deep canyon walls of Dead Horse State Park to the iconic arches of Arches National Park, I loved traversing the region’s slickrock trails to explore red-rock features that absolutely blew my east-coast mind.

While the Colorado Plateau is certainly beautiful, it also faces many of the nation’s greatest natural resources challenges. These issues – specifically, how to manage these landscapes amidst climate change and increases in public popularity – are what encouraged me to study natural resources law in the first place. They’re what drew me to take this seminar and what drew me to apply for the Wyss Scholars Program, since I hope to devote my career to learning about and addressing these issues. Especially at a time where executive orders are opening up public lands for logging, the future of National Monuments remains unclear, and states like Utah are jockeying to claim ownership of “unappropriated” federal lands, these landscapes need scientists, scholars, lawyers and other passionate folks to advocate for their protection.

On the seminar trip, our class met with many of these local advocates of the Colorado Plateau. One of my favorite conversations of the whole trip happened on day one, when we met with Lena Pace, Superintendent of Arches and Canyonlands National Parks and Hovenweep and Natural Bridges National Monuments. She spoke of the delicate balance between managing Parks for the twin purposes of public recreation and conservation, as well as preserving the “wilderness feel” while also keeping recreators safe. She pointed to tools like timed-entry permit systems to control visitation to popular areas, and keeping fees at a price that helps fund the parks but doesn’t erect barriers to use. I was also struck by many of our conversations with the Hopi, and the unique challenges of being a nation completely surrounded by another nation (Navajo Nation), affected by severe poverty, and facing serious issues regarding reliable water quality and supply. I really enjoyed getting to meet Vernon Masayesva of the Coyote Clan, a former Tribal Chairman and Founder of the Black Mesa Trust, who played a gigantic role in shutting down power plants and mines that were polluting and drying up Hopi waters.

I really enjoyed getting to personally experience the landscapes I’ve learned so much about in the classroom. After three nights spent inside Bear’s Ears National Monument, I just can’t fathom a world where these lands cease to be protected by the Antiquities Act or are otherwise opened up to development. One of my favorite ways to explore new landscapes is through trail running, and my sunrise trail runs through the Indian Creek portion of Bears Ears, where I watched rock cliffs and spires light up in fiery red blazes, is something I’ll never forget for the rest of my life. Hiking to panels of petroglyphs, ancient granaries, and other archaeological sites also really cemented the importance of large-scale protection of these landscapes for cultural reasons. I enjoyed getting to spend an afternoon rock climbing in this beautiful region too – learning how to crack climb from a law school professor is an opportunity I never could have imagined pre-law school, especially in such a special place.

I am so grateful to everyone who made this trip possible – from the Getches-Wilkinson Center, to Professors Chris Winter and Mark Squillace, to the people we met with on the Plateau, to donors, and to my fellow classmates who made this trip so enjoyable. This trip has truly stoked the fire in me to continue fighting for the lands, waters, and Tribes of the Colorado Plateau.

I’ll conclude with one of my favorite pre-seminar trip anecdotes about the Plateau: in November of 2023, during thanksgiving break, I ran the Dead Horse Ultra 30K in Moab. About half a mile into the race, as I trudged up a steep section of dirt road, I heard someone say my name – I looked to my right, and there was Mariah Bowman, Colorado Law’s 2024-25 Wyss Scholar. Unbeknownst to each other, we had signed up for the same distance of the same race, six hours away from 51�Թ��, and before either of us had been named Wyss Scholars. Looking back, I’m reminded of the importance of these random moments of human connection that I’ve gotten to experience as a law student at Colorado Law. From running into classmates on the trails, to climbing 14ers with them, to skiing before class with them, I’m so lucky to live in a place where I can immerse myself in my law school studies, in meaningful adventures on public lands, and perhaps most importantly – study the intersection of the two. I’m so grateful for the Wyss Foundation for supporting me as I pursue public lands law, and I’m looking forward to more of these moments on the trail that remind me why public lands are so worth fighting for.

Off

Traditional

White

GWC Welcomes New Water Law Fellow

Annie Carlozzi — Mon, 31 Mar 2025 18:41:50 +0000

GWC Welcomes New Water Law Fellow Annie Carlozzi Mon, 03/31/2025 - 12:41

Colorado Law is ranked seventh in the nation for environmental law with the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (GWC) advancing its commitment to educating young leaders through the Water Law Fellows Program. Now in its fourth year, the program addresses the rising demand for thoughtful policy initiatives at all levels of government by training the next generation of outstanding leaders in sustainable water management, water law, and policy.

With the accelerated need to address extraordinary circumstances in an unprecedented era, Colorado Law and the GWC are uniquely situated as a premier pipeline of diverse future leaders in environmental and natural resources matters.

The Water Law Fellows Program is not just an educational experience — it’s a career accelerator. This intensive multidisciplinary program equips Fellows with the skills and knowledge to produce high-quality work that influences law reform in the public interest, setting them up for successful careers in environmental law and policy.

Fellows conduct reform-oriented research on the most pressing issues in their field and interact with public and private sector leaders to inform policymaking, all while under the mentorship of leading researchers. Colorado Law and the GWC are known for distinguished faculty, a long record of public service, an extraordinary body of research and an interdisciplinary curriculum that includes unique on-the-ground learning.

The Getches-Wilkinson Center is thrilled to announce that Daniel Anderson will be joining the team as a Water Law Fellow in August 2025. Daniel received a B.A. in Theological and Reconciliation Studies from Seattle Pacific University and will receive a J.D. from the University of Colorado Law School in May 2025. Before law school, Daniel served in the U.S. Peace Corps in Morocco and worked as a housing navigator for veterans and people exiting incarceration.

In law school, Daniel researched the interstices between instream flow rights, wildlife law, American Indian water rights, and abandoned hardrock mines cleanup. He plans to continue exploring these same interests as a Water Law Fellow alongside the GWC staff and partners. He gained further experience with western water law working for Judge Todd Taylor, Water Judge for Division One, the Colorado Attorney General’s Office’s Natural Resource & Environment Section, and the City Attorney’s Office for the City of 51�Թ��. He is drawn to the task of researching and advocating for western water law reform due to his conviction that water management is an environmental justice issue as well as his personal connection to clean, flowing water as an angler.

In his free time, Daniel enjoys fly fishing, rock climbing, playing complicated board games, and backpacking in the Rockies with his wife Samantha and chaotic dog, Decker.

Off

Traditional

White

Celeste Baro (Colorado Law '27) Named 2025 David Harrison Innovations in Water and Energy Law & Policy Fellow

Annie Carlozzi — Sat, 29 Mar 2025 20:41:09 +0000

Celeste Baro (Colorado Law '27) Named 2025 David Harrison Innovations in Water and Energy Law & Policy Fellow Annie Carlozzi Sat, 03/29/2025 - 14:41

University of Colorado Law School student Celeste Baro ('27) is this year’s David Harrison Innovations in Water and Energy Law & Policy Fellow. The Fellowship, initiated in 2010 by partners of the law firm of Moses, Wittemyer, Harrison and Woodruff, P.C. in honor David L. Harrison (Law ‘71), is awarded each year to a Colorado Law student on the basis of academic performance, commitment to public service, and interest in the study of water and energy law and policy. To the extent practicable, each Harrison Fellow will focus on a specific project where the partner organization is advancing innovative solutions for sustainable management of water or related energy resources outside the United States.

Celeste is a first-year law student from Miami, FL, with a passion for sustainability and marine conservation. Holding both a Bachelor’s degree in Business Administration with a specialization in Pre-Law and a Master’s in International Business from the University of Florida, Celeste combines her academic expertise with a deep-rooted commitment to environmental protection. Raised surrounded by the waters of Miami, she has always felt a strong connection to the environment, which has driven her to pursue a career in environmental law. Through the Harrison Fellowship, Celeste looks forward to advancing her legal expertise in the environmental sector, particularly in marine conservation efforts, and using her knowledge to create meaningful change in preserving natural resources for future generations.

Off

Traditional

White

The Legal Effect of Executive Orders - Professor Panel March 18th

Annie Carlozzi — Mon, 03 Mar 2025 21:07:19 +0000

The Legal Effect of Executive Orders - Professor Panel March 18th Annie Carlozzi Mon, 03/03/2025 - 14:07

A Colorado Law Student Event

Presented by: The Byron White Center, The Getches-Wilkinson Center, and the American Constitution Society

Panelists: Professor Daria Roithmayr, BWC Director Deep Gulasekaram, and GWC Director Chris Winter

Tuesday, March 18th 12-12:50pm in Room 207

Join us for a panel discussion regarding the slurry of executive orders that Trump has passed over the past month that he has been in office, impacting several (if not all) areas of law. This panel's purpose is to discuss each of the executive orders, how they compare to those in previous administrations, and the extend of the orders' legal impact. Lunch will be provided, so please arrive early to grab your food and a seat!

Off

Traditional

White

Now Hiring! Spring AND Summer Student Research Assistants

Annie Carlozzi — Mon, 03 Feb 2025 16:28:40 +0000

Now Hiring! Spring AND Summer Student Research Assistants Annie Carlozzi Mon, 02/03/2025 - 09:28

The Getches-Wilkinson Center (GWC) is seeking Colorado Law students interested in natural resources, energy, and environmental law to serve as the GWC Summer Research Assistant. The Spring and Summer Research Assistants will work closely with the GWC staff, including the Executive Director and GWC Senior Water Fellow who will help direct the student’s research in the areas of water law, public lands, climate change, and natural resources as applied to the American west.

The Research Assistant will be responsible for conducting research and producing written content for the GWC. Potential projects include work on ongoing research, current development in management and conservation for federal public lands, legislative reforms to conservation laws, and assisting interested partners with the upcoming Colorado River interim guidelines renegotiations.

Position Details
This is a part-time position for either the spring or summer and may continue into the fall semester pending funding availability. Work hours are flexible. Candidates should state their desired spring or summer position as well as optimum hours in their cover letter. This position is paid at a rate of $20.00 USD per hour.

University of Colorado Law Students interested in natural resources, energy, and environmental law are eligible to apply. Work-study is preferred. Interested students should apply for work-study funding. Work-study information is available here: /studentemployment/work-study

Applications will be reviewed on a rolling basis, early application encouraged.

Application Instructions
To apply, send the following application materials:
Resume
Cover Letter
Transcript
Writing Sample
by email to Annie Carlozzi, GWC Assistant Director, at annie.carlozzi@colorado.edu.

Off

Traditional

White

Now Hiring! GWC Water Law Fellow

Annie Carlozzi — Tue, 21 Jan 2025 23:49:03 +0000

Now Hiring! GWC Water Law Fellow Annie Carlozzi Tue, 01/21/2025 - 16:49

Getches-Wilkinson Center Water Law Fellows Position Announcement

The Getches-Wilkinson Center for Natural Resources, Energy and the Environment (GWC) at the University of Colorado Law School is seeking an outstanding — early career — attorney to serve as the next GWC Water Law Fellow. The Fellow will work on the most pressing water law reform issues of the day under the guidance of the GWC and law school faculty and in partnership with leaders from the non-profit, government, and private sectors.

The overarching objective of the Water Law Fellows Program is to create a matchless educational and mentoring experience that will prepare the Fellows to become leaders in the field. The intensive program will immerse the Fellow in the real-world challenges of water law and policy. During the program, the Fellow will be actively engaged in water law reform in the public interest and will hone their leadership, communication, advocacy, and research skills.

The Fellow will work with GWC faculty and staff, and with partner organizations on a wide array of emerging issues. This work may be done at every level — federal, state, tribal, county, city, and international — and could include developing proposed legislation/regulations, policy implementation, and filing amicus briefs. Recent projects have focused on Tribal water rights in the Colorado River basin, proposals for reforms to Colorado water law, proposals for reform of the Wild and Scenic River Act, state development of dredge and fill programs following the Supreme Court’s Sackett decision, and access to EPA funding for water infrastructure programs.

The Fellow’s research agenda will be developed collaboratively with the support and supervision of GWC staff.

Fellows will be expected to draft at least one paper for publication in the first year and to assist with organizing conferences, workshops, public education events, and other GWC events. Fellows may also publish white papers and law reform recommendations; attend conferences on water-related topics; perhaps offer testimony at hearings and make public addresses; draft media content on emerging issues; and work on projects that develop in-depth expertise in water law.

Housed in the GWC at Colorado Law, the Fellow will have full access to the extraordinary resources and institutional support of the Law School. To encourage multi-disciplinary solutions, the Fellow will be able to draw on expertise in departments across the University and nearby national laboratories. Under the guidance of the GWC, the Fellow will work with experts in NGOs, government, and the private sector.

Getches-Wilkinson Center for Natural Resources, Energy and the Environment

The Getches-Wilkinson Center for Natural Resources, Energy and the Environment advances the truly sustainable management and conservation of natural resources, with a focus on the American West, by:

Influencing natural resources law and policy, including issues of water, land, climate change, and the rights of Tribes and Indigenous Peoples; and

Educating, inspiring and mentoring the next generation of committed lawyers and advocates devoted to justice and equity.

Major programs and initiatives focus on natural resources, water and public lands issues in Colorado and the West; Tribal communities and environmental justice; climate change law and policy; and electricity regulation and energy policy. The name comes from the contributions of two iconic figures in the law school’s environmental law history, David Getches and Charles Wilkinson.

Learn more about Colorado Law

Terms, Salary, and Benefits

Fellowship terms

Start Date: The start date is flexible, with the Fellow able to begin anytime between March 1, 2025, and September 1, 2025.
Duration: This is a one-year appointment, with the option to extend for a second year upon mutual agreement between GWC and the Fellow.
Salary: $70,000 per year.
Additional Support: Includes a budget for travel and training.
Location: The position is based in 51�Թ��, Colorado. The Fellow will be expected to maintain a regular presence at the GWC offices at the University of Colorado Law School, with some remote work allowed.

Benefits
The University of Colorado offers excellent benefits, including medical and dental healthcare coverage, and an ECO (transit) Pass. The 51�Թ�� is one of the largest employers in 51�Թ�� County and offers an inspiring higher education environment.
Learn more about the University of Colorado 51�Թ��.

What we require

J.D.
One year of relevant professional experience after graduation from law school or a demonstrated commitment to water-related issues during law school. Applicants completing a judicial clerkship are encouraged to apply.
Excellent research and writing skills.

What we would like you to have

Strong academic record.
Demonstrated experience or background in water law or related field.
Demonstrated experience in environmental research.
Commitment to serving diverse and underrepresented communities.
Proven track record of working well as a team member.

Application Instructions:

To apply, please submit the following materials to annie.carlozzi@colorado.edu for full consideration:

A professional resume (two pages maximum).
A cover letter that specifically addresses how your interest in the Fellows program and how your background and experience align with the requirements, qualifications and responsibilities of the position.
Law school transcript (unofficial transcript is acceptable).
A writing sample of not more than 10 pages.

Applications will be reviewed on a rolling basis until the position is filled. Applicants are encouraged to apply as soon as possible.

The Water Law Fellowship is open to individuals regardless of race, national origin, religion, age, disability, sexual orientation, ethnicity, or gender. We encourage individuals from groups historically underrepresented in environmental conservation to apply.

Contact Information
For further information, please feel free to contact GWC Assistant Director, Annie Carlozzi at annie.carlozzi@colorado.edu or 303-492-1286.

Download GWC Water Law Fellow Position Announcement

Off

Traditional

White

Andrew Teegarden Joins WaterNow Alliance as Water Policy Associate

Annie Carlozzi — Tue, 21 Jan 2025 21:15:26 +0000

Andrew Teegarden Joins WaterNow Alliance as Water Policy Associate Annie Carlozzi Tue, 01/21/2025 - 14:15

The Getches-Wilkinson Center is happy to announce that our Water Law Fellow, Andrew Teegarden, has accepted a full-time role with the WaterNow Alliance as a Water Policy Associate. The WaterNow Alliance is a national non-profit providing innovative, affordable, sustainable water solutions throughout the United States. Andrew’s role will help provide trainings and assistance organizations with filling out State Revolving Fund loan applications. In addition, Andrew will provide water policy governance for Marin County in California and the City of New Orleans to assist their efforts in creating a storm water utility. Throughout their time as a fellow, Andrew was able to work on exciting projects including academic publishing, policy work in the state legislature, and working with students to help educate the next generation of water leaders. We are thrilled that Andrew found a new role that will allow them to continue to bring innovative solutions to the water community. Andrew will not be a stranger to the GWC because he will continue to serve as a supervising attorney for the Acequia Assistance Project. In addition, Andrew will continue working with the Getches-Green Clinic to oppose the change of a water right on the Western Slope. The GWC Water Law Fellows Program is designed to help young professionals step into the world of water and we look forward to working with another round of fellows that will continue to craft solutions for our collective water future.

Off

Traditional

White

GWC Scholarships and Fellowships Application Deadline Friday, Jan 17

Annie Carlozzi — Mon, 06 Jan 2025 18:29:31 +0000

GWC Scholarships and Fellowships Application Deadline Friday, Jan 17 Annie Carlozzi Mon, 01/06/2025 - 11:29

GWC is accepting applications for Summer 2025 and Academic Year 25/26 Scholarships and Fellowships in Natural Resources Law.

The deadline to apply is Friday, January 17, 2025.

Opportunities include:

The Wyss Scholars Program for U.S. Lands Conservation

The Wyss Foundation is a private, charitable foundation dedicated to land conservation in the American West. The Wyss Scholars Program seeks to identify and nurture a new generation of leaders on western land conservation issues by providing financial support to students who are committed to careers focused on western conservation.

Two Wyss Scholars will be selected each year on the basis of leadership potential, commitment to furthering land conservation in the American West, commitment to pursuing a career in nonprofit or public sector conservation, financial need, and academic strength. While experience living or working in the West is preferred, all students interested in western lands and sustainability issues are encouraged to apply.

The Harrison Fellowship in International Water Law

The Innovations in Water and Energy Law & Policy Fellowship, initiated in 2010 by partners of the law firm of Moses, Wittemyer, Harrison and Woodruff, P.C. in honor David L. Harrison (Law ‘71), is awarded each year to a Colorado Law student on the basis of academic performance, commitment to public service, and interest in the study of water and energy law and policy. To the extent practicable, each Harrison Fellow will focus on a specific project where the partner organization is advancing innovative solutions for sustainable management of water or related energy resources outside the United States.

Conscience Bay Company Western Water Policy Fellowship

The Getches-Wilkinson Center for Natural Resources, Energy and the Environment (GWC) at the University of Colorado Law School is seeking an outstanding current 2L (or rising 3L) as the next Conscience Bay Company Western Water Policy Fellow. Fellows will work on the most pressing water law reform issues of the day under the guidance of the GWC and in partnership with leaders from the non-profit, government, and private sectors.

The Charles N. Woodruff Memorial Scholarship - Admissions office will announce the application process in Spring 2025.

A recording of the October Fellowship and Scholarship Information Event event can be found here. Current scholars and fellowships shared their experiences and advice for interested students. The PowerPoint presentation with detailed requirements and application information can be found here.

Off

Traditional

White

CRWUA Through the Eyes of Young Professionals

Annie Carlozzi — Wed, 18 Dec 2024 05:29:14 +0000

CRWUA Through the Eyes of Young Professionals Annie Carlozzi Tue, 12/17/2024 - 22:29

Oliver Skelly , Aidan Stearns and Andrew Teegarden

Andrew Teegarden, current GWC Water Law Fellow:

The Annual Colorado River Water Users Association (CRUWA) Conference in Las Vegas was one of the busiest in recent years. Part of the increased participation stems from the current impasse in negotiations for the Post-2026 Operating Guidelines for Lakes Powell and Mead. Tensions could be felt in the hallways and discussions by nearly 1,500 attendees.

Pressures came to a head during the Upper and Lower Basin Panels. Colorado’s lead negotiator, Becky Mitchell, noted it was disappointing that all seven of the basin states were in Las Vegas and were unable to set a meeting where potential compromises could be discussed. Another Upper Basin Negotiator, Brandon Gebhart, spoke out against the posturing and inability to compromise.

Others on the Lower Basin Panel, such as JB Hamby, struck a different chord; the Lower Basin has been taking steps to lower water use despite the massive population, agricultural economy, and climate change. These realities are extremely troubling because it seems to be further entrenching the states in their own positions and is reducing their ability to compromise. In fact, Arizona’s Governor Katie Hobbs has begun setting aside money within the state budget for potential litigation efforts on the Colorado River. However, litigation did not seem to be the preferred alternative to solve the current breakdown in negotiations. A separate panel talked about the realities of litigation which could take decades, cost millions of dollars, and put the power to decide the outcome in the hands of judges which cannot fully capture the complexity and needs of each community partner along the river.

Outside of the programming, the entire Getches-Wilkinson Center Staff was honored to attend the Water & Tribes Initiative Luncheon which kicked off the start of the conference. During the lunch, attendees discussed potential alternatives for the Bureau of Reclamation to consider which would provide operational flexibility and account for tribal water usage.

Another highlight was the ability to talk with other colleagues and peers in the water space. Networking at large conferences has been one of the best parts of these events because they allow for more understanding within the water community. Despite the tensions, the water community was able to come together and discuss how we can solve the problems on the Colorado River equitably.

Unfortunately, CRUWA did not result in any big break through or give the states more clarity on how the Colorado will be managed. Although, leaders painted a clear picture of how difficult litigation will become if we are unable to agree. Complex scenarios require complex solutions and until someone can capture and account for all of them, compromise may be difficult to obtain. Allowing compromise and the goal of a stable river basin to drive the creation of alternatives will bring us to a place where all who utilize the river feel heard. Negotiators can get there, but it will take more time and dedicated effort to do so.

Aidan Stearns current 3L at Colorado Law and GWC Research Assistant:

From December 4-6, a variety of Colorado River advocates including lawyers, engineers, legislators, scientists, and tribal representatives gathered at the Paris Hotel in Las Vegas, Nevada for the Colorado River Water Users Association (CRWUA) Conference. This year, which was my first time attending the conference, CRWUA was focused on post-2026 operations of the Colorado River. Negotiations over post-2026 operations have been contentious, to say the least. CRWUA served as an opportunity to share all the various points of view with the Colorado River community.

Since it was my first time attending CRWUA, I had one simple goal heading into the conference: listen. CRWUA further affirmed a belief I held when I started law school almost three years ago: that a degree in environmental engineering would be a beneficial foundation for legal practice. One of the first sessions I attended was about the risks of litigation, where attorneys representing various upper and lower basin interests discussed what the path of litigation may look like based on past precedent. Those panelists are often tasked with the challenge of applying modern engineering and scientific concepts to legal doctrine dating back to the 1800s, something I hope to pursue in my own legal career.

Outside of the conference sessions, my most impactful interactions came from meeting conference attendees and listening to their unique perspective on Colorado River water issues. I spoke to a range of individuals including attorneys who worked solely with upper basin agricultural water users to lower basin tribal councilmembers.

Despite the difficult conversations that were had at CRWUA regarding post-2026 operations, a thread of hope seemed to weave through every session. Julie Vano, the Research Director for Aspen Global Change Institute, emphasized in a panel on extreme weather events the importance of not becoming paralyzed by uncertainty when using models. Panelists also expressed that they felt hope because of the resilience of people. Panelists expressed that there is no one to blame but us, but in that, there is hope in the innovation and partnership that people are capable of. No one person is going to have the magic solution to managing water issues in the Colorado River Basin. The solution is going to come from collaboration along with being able to listen to and respect the perspectives that people bring to the table.

Oliver Skelly, current 3L at Colorado Law and GWC Conscience Bay Company Western Water Policy Fellow:

When the GWC invited me to spend the week before final exams with them in Las Vegas I could hardly contain my excitement: My first CRWUA! And what a time for it, with the ongoing negotiations over the post-2026 guidelines atop the agenda. Studying could wait.

As the conference unfolded, most of what I'd heard about CRWUA's substance proved true: If you wanted platitudes, pay attention to the panels; if you wanted juicy hot takes, plug yourself into the hallway conversations. "The Upper Basin can't just keep saying no to everything!" "Lots of snarky remarks from the Lower Basin today." One attendee told me the words "climate change" were not even allowed in the agenda 10 years ago - a shocking and rather unnerving remark given where things stand now. (Fortunately for all involved, it's allowed now.)

That said, the official events were not without their fireworks. The threat of litigation has entered the discourse as negotiations appear to be breaking down, and both basin panels made that abundantly clear. And the conference had many other panels discussing interesting ideas, including recent developments with tribal water rights, regenerative agriculture, urban water efficiency measures, and Kevin Fedarko discussing his new book about his walk through the Big Ditch. Still, the large, seemingly immovable rift between Upper and Lower Basin proposals remained center stage.

The ultimate takeaway is nothing new: The future of the Colorado River remains uncertain. But CRWUA lives on, and it has found itself a new repeat customer. Many thanks to the GWC and its sponsors for making this trip possible for me.

Off

Traditional

White