Natural Resource

John D. Leshy

Harry D. Sunderland Distinguished Professor of Law University of California, Hastings College of the Law to Annual Water Law Conference, San Diego, CA, February. 20, 2009

"...the best, and perhaps the only, way to meet this profound challenge (water resources) is to reform the institutional and regulatory systems governing water, in order to facilitate smarter management of our developed water supplies. This will require vigorous government action. Government has always been deeply involved in water management. Today governmental institutions at the federal, state and local levels furnish about eighty-five percent of developed water supplies in the country.

Meeting the current challenges will take action at all levels of government as well as the private sector and indeed, at the level of individuals. But I believe that state governments, prodded and to some extent guided by the national government, should take the lead. States have broader perspectives on water and watersheds than local governments or special districts, and they are among our most democratically accountable institutions, giving them more credibility at the grassroots than the national government. All states have some form of administrative machinery in place to govern water management. Most water law, like most law that applies to land, is state law.

States have not always been vigorous about asserting leadership and oversight in this area. Some have tended to defer to powerful locally-organized special water districts. No water user, to paraphrase John Donne, is an island. It is increasingly apparent that inadequate management of water in one place reverberates across the landscape.

The first plank in a progressive national water policy, then, is to strengthen the capacity and role of the states, especially in relation to special water districts and the private sector.”

Unless we negotiate with all affected parties in good faith and transparently we will remain "afightin' over water"

 Terry Marasco

Are you

in or out

of the box?

I believe the most difficult task for many government, environmental and business leaders, as well as citizens, is to think outside of the box.

The BOX may be thought of as how things WERE. When you drive using the rear  view mirror, you are bound for an accident - likely one you've had before.

Decisions made during rapidly-paced changes and shifting landscapes underfoot cannot be made on past data and the assumptions derived from that data.

Those who "look back" (like Lot's Wife) are often anchored by yesterday and miss the coming changes because they are looking over their shoulder.

Face the challenges straight ahead.  While understanding the lessons of history, jump out of the box to assure you do not repeat its mistakes.

Terry Marasco