DESCHUTES RIVER

1
DESCHUTES RIVER

• Imagine that you start working for one of the
  actors in the Deschutes River next summer, what
  have you learned from this exercise that would be
  of most use to you in providing good advice?

2
Imagine that you start working for one of the
actors in the Deschutes River next summer, what
have you learned from this exercise that would be
of most use to you in providing good advice?

• The Deschutes River situation is a great example
  of an effective alternative dispute resolution
  process.
• If the conflicting water needs of the farmers,
  city/ developers, and environmentalists are taken
  to Court instead of being resolved through
  compromise and negotiation, some negative effects
  could result

3
Possible Court-induced Negative Results

• As in the Klamath River Basin, farmers ended up
  with 90 of their water being cut, and crops
  being ruined. Klamath farmers and wildlife
  agencies failed to give a little in order to gain
  a little (and therefore prevent loss of
  everything).

4
Possible Court-induced Negative Results

• As in NWF v. NMFS, and Klamath River, the
  regulations under the ESA are extensive and it
  would most likely be beneficial to the farmers,
  developers, etc. to resolve the issue without
  taking legal action.
• Since the standard of review in these situations
  is arbitrary and capricious, it is not always in
  the environmentalists best interests either to
  bring the case to Court. NWF v. NMFS is an
  example of an exception to this.

5
Other advice for Deschute River players

• Although promoting efficiency in irrigation, etc.
  is expensive, may be worth it in the long run in
  order to uphold sustainable agriculture in the
  future.
• Long term effects of current irrigation/ water
  use systems need to be addressed. May want
  consultations with action agencies to get their
  advice/ predict outcome of possible future legal
  action.