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Services > Public Policy Enviro & Nat Res > Water
CDR's water practice offers a range of services to support parties in the successful resolution of water-related issues. During the past two decades, CDR staff have worked to help resolve a wide variety of issues and disputes over water allocation, quality and deliveries; integrated basin planning and development; facility operations; and protection of threatened and endangered species. Listed below and in other sections on hydropower relicencing and NEPA/ESA projects are several selected examples of the firm's water initiatives.
Click on the dot to see a description of each project.
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U. S. Supreme Court Case, Settlement Negotiations of Kansas v. Nebraska and Colorado, No. 126, Original. The states of Kansas, Nebraska, and Colorado are signatories to the Republican River Compact, an interstate water compact apportioning the waters of the Republican River among these three states. The Compact was adopted by the three states and enacted by Congress in 1943. In 1998 Kansas sued Nebraska in the U.S. Supreme Court over alleged violations of the Compact. The Supreme Court subsequently appointed a Special Master to oversee the case. CDR Associates' Chris Moore was hired jointly by the parties and the United States in December 2001 to assist in initial settlement discussions and asked by the parties to continue working with them in April 2002. On December 16, 2002, the parties announced they had reached a settlement that would be forwarded to the Supreme Court for approval. A key issue in the negotiations was the relationship of surface and groundwater in the basin. One key element of their settlement was the development of a joint groundwater model.
The CALFED South Delta Improvement Program Stakeholder Process. Programmatic Record of Decision (ROD) for the CALFED Bay Delta Program was issued in August 2000. The ROD reflects final selection of a long-term plan to fix the Bay Delta and describes an implementation strategy. One part of the ROD describes specific actions that are part of the South Delta Improvement Program and are related to providing for more reliable long-term export capacity for the State Water Project and Central Valley Project. One specific action is an increase in SWP pumping to 8,500 cfs. This action currently is the subject of environmental review, in the form of a project-specific EIR/EIS. As part of that review, the California Department of Water Resources invited a representative group of stakeholders to provide input on an alternative that would meet as many key interests as possible. This stakeholder alternative will be considered along with other input during preparation of the EIR/EIS. Other CALFED agencies participated as well as water exporters, environmental interests, and South Delta water interests. CDR Associates was hired to facilitate this stakeholder process. A significant modeling and "gaming" technical exercise provide information to stakeholders engaged in the input process. The outcome of these efforts was a report from CDR Associates to DWR. CDR has recently been asked to assist DWR and stakeholders to refine key elements of the proposed stakeholder alternatives the EIR/EIS process continues.
Sacramento Valley Water Agreement. Water is the lifeblood of both Northern and Southern California. It is critical for the maintenance of the state's agricultural economy and lifestyle, for environmental sustainability, and for municipal and industrial use. Water conflicts between Northern and Southern California are legendary. In contrast to stalemates or years of litigation that have been common in past disputes, parties from the north and south, with CDR Partner Chris Moore's substantive and facilitation assistance, reached a landmark agreement in 2001. The initiative was an alternative to participation by the parties in an adjudicated water settlement by the California State Water Resources Control Board. The agreement resulted in the initiation of joint projects to develop water for agricultural use in the Sacramento Valley, to meet water quality standards in the Sacramento River Delta, and to supply Southern California agricultural lands and municipalities. Plans are currently under way to expand the initiative and develop additional projects that will yield more joint gains.
American River Water Contract and Environmental Impact Statement Negotiations, U.S. Bureau of Reclamation, the City and County of Sacramento, California, and East Bay Municipal Utility District. CDR Partners Chris Moore and Susan Wildau conducted a situation assessment of a deeply entrenched water and environmental protection conflict dispute in Northern California that helped bring concerned parties to the negotiating table. Subsequently, Moore and Mike Harty designed and facilitated six months of multiparty meetings concerning the development of a Supplemental Environmental Impact Statement on use of American River water, protection of the environment, preservation of recreational amenities, and meeting municipal water needs in the San Francisco Bay area. The success of the meetings enabled key political decision-makers at local and national levels to reach a final agreement, and resolve decades-long water conflicts in California's Central Valley and Bay Delta.
Nebraska Water Policy Task Force, State of Nebraska. CDR's Chris Moore and Jonathan Bartsch are currently facilitating an 18-month, statewide policy dialogue project to review current legislation on surface and groundwater management, and explore options for water transfers, leasing and banking to improve the management, and use of the state's natural resources. The task force is composed of 49 representatives from irrigation, agriculture, power, recreation interests, state agencies; and Senators from the State's Natural Resource Committee. Projected outcomes of the Task Force's work will be proposals, recommendations and, draft legislation, which will be submitted to the State Legislature for approval and implementation.
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NEPA and EPA and CERCLA Related Programs |
Platte River Cooperative Agreement-U.S. Fish and Wildlife Service, U.S. Bureau of Reclamation, and the States of Colorado, Nebraska and Wyoming. CDR Partner, Chris Moore is currently mediating Federal and interstate negotiations regarding the provision of water from the North and South Platte Rivers for the recovery of habitat for four endangered species - the whooping crane, least tern, piping plover and the pallid sturgeon. The broad goals of the negotiations are develop and implement a Recovery Implementation Program that meets the requirements of the Federal Endangered Species Act for the species, and that allows existing and new water uses in the Platte Basin to proceed without actions in addition to the Program. The parties are developing agreements on broad state water plans; requirements for target, pulse and peak flows; timing of releases; and state depletion plans to address current and future development in the basin.
Situation Assessment and Mediation of Klamath Basin Water Conflicts. The Klamath River Basin in Oregon and California was the site of intense, widely reported conflict in the Spring of 2001 over a decision by the U.S. Bureau of Reclamation to limit deliveries of water to irrigators in order to satisfy tribal trust obligations and address endangered species concerns. While the sources of the conflict reach back to the 19th century, a severe drought has brought them to a head. Klamath Project irrigators unsuccessfully sought relief in US District Court in Oregon, and the Court agreed to oversee efforts to resolve the dispute through mediation. CDR Associates was appointed by the Court to prepare a situation assessment of prospects for mediating all or part of the dispute. Following delivery of the report CDR's team was asked to assist the Court and stakeholders in designing and conducting a mediated dialog on key issues for the future of the Klamath Basin arising from the underlying litigation.
Click Klamath Sit Assessment.pdf for the full .pdf report.
Carmel River Endangered Species Recovery Plan, California. CDR mediated a habitat recovery plan for steelhead trout between the national marine Fisheries Service and the California-American Water Company. Issues involve groundwater storage, pumping, dam removal, development of off-stream water storage, fish passage, stream flows, and habitat recovery.
Facilitation of an Enhanced NEPA/CEQA Process for a Proposed Toll Road. CDR Associates was hired to facilitate Phase II of a multi-year effort to conduct an effective NEPA/CEQA (California Environmental Quality Act) review process for the proposed Foothills South Toll Road project in Orange County, CA. Louise Smart leads this unusual effort at collaborative decision making within the NEPA/CEQA process. The core group, known as the Collaborative, consists of US Fish and Wildlife Service, US Army Corps of Engineers, US EPA, Federal Highways Administration, California Department of Transportation, and Transportation Corridors Agency. The Camp Pendleton Marine Corps Base is a cooperating agency for the EIS and is playing an active role.
Niagara Power Project, Niagara falls, NY. CDR Associates is the independent facilitator for the re-licensing of the Niagara power Project, the largest non-Federal hydro generation project in the US the New York Power Authority (NYPA) The New York Power Authority (NYPA) the owner of the project, is using an intensive public involvement process, Alternative Licensing Procedure (ALP), to develop a license application with broad stakeholder support. The ALP is designed to gather a wide range of input from stakeholders, including environmental, socioeconomic, cultural, historical, and tribal issues connected to the operation of the Niagara Power Project. CDR Associates designs and facilitates bimonthly stakeholder meetings to develop consensus during the scoping stage.
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International Water Experience |
Okavango River Basin Commission (OKACOM) - Governement of Angola, Botswana and Mamibia; US State Department and USAID; and the US Bureau of Reclamation. CDR partners Chris Moore and Mary Margaret Golten conducted a situation assessment of issues and interests related to the management of the Okavango River, the third largest river in southern Africa. Unlike most rivers, the Okavango does not flow into another river or an ocean. After flowing from Angola through Namibia, it empties into the Okavango Delta, a world-class wetland that is the home of diverse species of flora and fauna, and a significant ecotourism resource for Botswana and the region. Upon completion of the situation assessment, CDR designed and facilitated an international workshop for the commissioners and staff from each of the three countries on "Effective Transboundary River Management." Management of the Okavango River involves meeting the water interests of Angola for agriculture and possibly mining; Namibia for hydropower and municipal water; and Botswana for ecological sustainability, ecotourism and agriculture. www.sharingwater.net/ProjectbriefE.asp
Okavango River Basin Ministers' Meeting (2003). CDR partner Mary Margaret Golten designed and facilitated a multi-day inter-ministerial meeting for Ministers from Angola, Botswana and Namibia concerning the management of the shared Okavango River. The meeting was also attended by Commissioners and staff from the Okavango River Basin Commission, the international organization assigned to jointly manage the river. The meetings explored the use of collaborative planning and cooperative dispute resolution procedures to address international integrated water management issues and disputes, informed Ministers regarding the work of the Commission, and defined issues to be addressed in the future. The meeting was sponsored by the US State Department, USAID and the US Bureau of Reclamation.
Bujagali (Uganda) Hydroelectric Project. The proposed $500 million dam project of the AES Corporation (an international power company) on the Nile River in Uganda near Kampala would be funded partially by the International Finance Corporation. The World Bank would assist Uganda in making power from the project available within the county. The project is highly controversial because of potential environmental, social, and economic impacts. A recent World Commission on Dams Report www.dams.org establishes criteria potentially relevant to the Bujagali Hydroelectric project. In June 2000, following release of a draft environmental impact assessment by AES, Mary Margaret Golten of CDR (and Catherine Allen of MNG) convened and facilitated the first of three public input processes in Washington, D.C. for international NGOs and other interested parties. Subsequently, Ms. Golten and Stella Sabiiti, Executive Director of the Center for Conflict Resolution in Kampala (CECORE), convened and facilitated a public input process in Jinja, Uganda, near Bujagali Falls, the site of the proposed project. Approximately 200 people attended the meeting, most of them local villagers with widely differing views of the project. On July 17 and 18, 2001 the third public process was held in Washington, DC, after which the IFC and World Bank staffs made their recommendations regarding support for the project to the World Bank Board of Directors.
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