West-Northwest Volume 14, Number 1
West-Northwest
Issues
Winter 2008
Volume 14, Number 1
Table of Contents
Part 1
1 The Unfinished Agenda of Environmental Law
by Joseph L. Sax
Encomia
13 John D. Leshy
17 A. Dan Tarlock
19 Harrison C. Dunning
22 Barton H. Thompson Jr.
26 Joseph F. C. DiMento
29 Brian E. Gray
33 Understanding Transfers: Community Rights and the Privatization of Water
by Joseph L. Sax
41 The Market and the Community: Lessons from California’s Drought Water Bank
by Brian E. Gray
105 Moving Agricultural Water to Cities: The Search for Smarter Approaches
by Lawrence J. MacDonnell and Teresa A. Rice
159 Physicists, Lawyers, and Gold Diggers: Bearing Witness in a Culture of Secrecy
Review Essay by Jo Carrillo
169 Memorials to John Krautkraemer
171 Bay in Peril
by Jane Kay
179 Summary and Analysis: Principles for Agreement on Bay/Delta Standards Between the State of California and the Federal Government
by David Fullerton
203 Water Markets and the Cost of Improving Water Quality in the San Francisco Bay/Delta Estuary
by David Sunding, David Zilbermann, and Neal MacDougall
215 Economic Incentives and Nonpoint Source Pollution: A Case Study of California’s Grasslands Region
by Chelsea H. Congdon, Terry F. Young, and Brian E. Gray
311 Let Them Do As They Have Promised
Historical Essay by Laura Berg
foreword by the Honorable Judge Robert C. Belloni
331 New Hope for Pacific Salmon?
Northwest Resource Information Center v. Northwest Power Planning Council, Idaho Department of Fish & Game v. National Marine Fisheries Service, and the Aftermath of Judicial Impatience
by Henry B. Lacey
435 Climbing Along the River
Poem by William Stafford
437 Proposals for Public Land Reform: Sorting Out the Good, the Bad and the Indifferent
by Joseph L. Sax
445 Dual Regulation, Collaborative Management, or Layered Federalism: Can Cooperative Federalism Models from Other Laws Save our Public Lands?
by Hope M. Babcock
481 “Devolution” in Federal Land Law: Abdication by Any Other Name . . .
by George Cameron Coggins
495 The Public Lands and the National Heritage
by Charles F. Wilkinson
505 Thinking the Unthinkable: States as Public Land Managers
by Sally K. Fairfax
533 Fighting Back Against a Power Plant: Some Lessons From the Legal and Organizing Efforts of the Bayview-Hunters Point Community
by Clifford Rechtschaffen
569 Environmental Justice and the Three Great Myths of White Americana
by Luke W. Cole
585 A Model Water Transfer Act for California: Introduction
by Richard M. Rosenberg
587 A Model Water Transfer Act for California
Text of Proposed Statute
619 The Shape of Things to Come: A Model Water Transfer Act for California
by Brian E. Gray
683 Communities and Water Markets: A Review of the Model Water Transfer Act
by Santos Gomez and Penn Loh
703 A Model Water Transfer Act for California: An Agricultural Perspective
by David J. Guy
721 Wheeling Provisions of the Model Water Transfer Act
by Timothy H. Quinn
733 Reflections on the “Model Water Transfer Act” by the Natural Heritage Institute
by Gregory A. Thomas and Tara L. Mueller
Part Two
755 Some Thoughts on Comanagement
by the Honorable Eric Smith
773 Protecting and Promoting Wildlife and Habitat on State and Private Land in Washington’s Arid Interior
by Gregory A. Hicks
825 The Endangered Species Act and the Ecosystem of Columbia River Salmon
by John M. Volkman
858 Opportunity in the Face of Danger: The Pragmatic Development of Habitat Conservation Plans
by Donald J. Barry
865 Natural Community Conservation Planning: A Targeted Approach to Endangered Species Conservation
by Steve Johnson
873 Codifying the Past, Erasing the Future: NAFTA and the Zapatista Uprising of 1994
by Andy Gutierrez
911 Is State Trust Land Timber Management “Better” Than Federal Timber Management? A Best Case Analysis
by Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, and Lawrence J. MacDonnell
973 Growth Management and Western Water Law: From Urban Oases to Archipelagos
by A. Dan Tarlock and Sarah B. Van de Wetering
1009 Managing State Trust Lands for Ecosystem Health: The Case of Washington State’s Range and Agricultural Lands
by Gregory A. Hicks
1049 Putting Rivers Back in the Landscape: The Revival of Watershed Management in the United States
by A. Dan Tarlock
1095 Institutional Arrangements for Conjunctive Water Management in California and Analysis of Legal Reform Alternatives
by Ella Foley-Gannon
1143 A Market-Based Approach to the Protection of Instream Flow: Allowing a Charitable Contribution Deduction for the Donation of a Conservation Easement in Water Rights
by Kelly A. Cole
1155 Palmyra Atoll: October 31 to November 4, 2000
Essay by Suzanne Case
1165 Litigation’s Bounded Effectiveness and the Real Public Trust Doctrine: The Aftermath of the Mono Lake Case
by Craig Anthony (Tony) Arnold and Leigh A. Jewel
1201 The Mojave Desert as Grounds for Change: Clarifying Property Rights in California’s Groundwater to Make Extraction Sustainable Statewide
by Kelley J. Hart
1229 Farmers, Fish, Tribal Power, and Poker; Reallocating Water in the Truckee River Basin, Nevada and California
by Barbara Cosens
1283 Dividing the Waters: The California Experience
by Brian Gray
1295 A Brief Examination of the History of the Persistent Debate About Limits to Western Growth
by A. Dan Tarlock
1309 The Federal Role in Managing the Nation’s Groundwater
by John D. Leshy
1335 The Plain “Dam!” Language of Fish & Game Code Section 5937: How California’s Clearest Statute Has Been Diverted from Its Legislative Mandate
by Robert B. Firpo
1361 Coast Salish Property Law: An Alternative Paradigm for Environmental Relationships
by Russel Lawrence Barsh
1405 Is There a Constitutional Right to Fish in a Marine Protected Area? An Analysis of the California Constitution’s Right to Fish Provision and Its Impact on the State’s Power to Create Marine Reserves and Other Types of Marine Protected Areas (MPAs)
by Doug Obegi
1435 The First Time I Saw the Ocean
Poem by Robin McCall