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Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements

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dc.contributor.author Schlosser, Thomas
dc.date.accessioned 2011-07-19T20:08:52Z
dc.date.available 2011-07-19T20:08:52Z
dc.date.issued 2011-07
dc.identifier.citation 1 Wash. J. Env. Law & Pol'y 42 en_US
dc.identifier.issn 2160-4169
dc.identifier.uri http://hdl.handle.net/1773.1/1617
dc.description Volume 1, issue 1, July 2011 en_US
dc.description.abstract Thomas Schlosser represents Tribes in fisheries, timber, water, energy, cultural resources, contracting, tax and federal breach of trust. He is a director of Morisset, Schlosser, Jozwiak & Somerville, where he specializes in federal litigation, natural resources, and Indian tribal property issues. He is also frequently involved in tribal economic development and environmental regulation and is a part-time lecturer at the University of Washington School of Law. In the 1970s, Tom represented tribes in the Stevens’ Treaty Puget Sound fishing rights proceedings. Since 1981, Tom has represented the Hoopa Valley Tribe in Klamath Basin matters. Tom has a B.A. from the University of Washington and a J.D. from the University of Virginia Law School. He is a founding member of the Indian Law Section of the Washington State Bar Association. Abstract: In order to protect Indian property rights to water and fish that Indians rely on for subsistence and moderate income, the Interior Department Solicitor has construed federal statutes and case law to conclude that the Department must restrict irrigation in the Klamath River Basin of Oregon and Northern California. Draft legislation, prescribed by the February 18, 2010 Klamath River Hydroelectric Agreement and the Klamath Basin Restoration Agreement, would release the United States from its trust duty to protect the rights of Indian tribes in the Klamath River Basin. The agreements will also prolong the Clean Water Act Section 401 application process to prevent the Federal Energy Regulatory Commission from issuing a properly-conditioned license for dams in the Klamath River that will protect the passage of vital fish populations. This article argues that the agreements prioritize the water rights of non-Indian irrigation districts and utility customers over first-in-time Indian water and fishing rights. en_US
dc.language.iso en_US en_US
dc.publisher Seattle, WA: University of Washington School of Law en_US
dc.subject Article en_US
dc.subject Indian Law en_US
dc.subject Water Law en_US
dc.title Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements en_US
dc.type Article en_US
dc.rights.holder Copyright 2011, Washington Journal of Environmental Law & Policy. en_US

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