Transcript Wilderness Water Rights: A tragedy in thee acts

Prologue
 Historic Primacy of State Law in Defining Water
Rights on Federal Lands
 The Emergence of the Winters Doctrine
 Arizona v. California (1963)
Act I:
A Star is Born
 The purpose of wilderness: To preserve wilderness
unimpaired in its pristine, natural condition, untrammeled,
where the imprint of human activity is substantially
unnoticeable.
 Cappaert v. United States, 426 U.S. 128 (1976)
 Seeds of doubt
 Section 4(d)(7/6) – genetic self-doubt
 The hero’s true destiny– land management or water
resources?
 Romanticism vs. Realism
Act II:
The Benevolent Protector is Weakened
 United States v. New Mexico, 438 U.S. 696, 700 (1978)
 The McCarran Amendment, 43 U.S.C. § 666
Act III:
The Victorious Star is Cut Down
 The Wilderness Claims in the Snake River Basin
Adjudication
 The First Idaho Supreme Court Decision
 The Decision on Rehearing
 The Undoing of Justice Silak and the Narrow Escape
of Chief Justice Trout
 The Non-Appeal to the U.S. Supreme Court
Epilogue
 The power of state courts
 The inadequacy of federal courts as a recourse
 The impact on the ground (and in the streams)
 Headwaters wildernesses
 Wildernesses as juniors
 Hope for the Future
 Settlements
 New Legislative Approaches