Dividing The Waters 2016-10-24T14:40:55+00:00

Dividing the Waters

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NEW Mediator/Neutral Referral Program

A pilot program for referring
Program members as mediators or neutrals
who can help resolve water conflicts.

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The Future of Water Law

An Interview with Justices
Ronald B. Robie and
Gregory J. Hobbs, Jr.

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DTW Drought Seminars

View the webcasts here

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DTW Water Justice Fund

Ensure resources are there for your next water judge

A Resource for Judges Resolving Water Conflicts

Upcoming Events

Colorado Water Disputes: Alternative Dispute Resolution Approaches
Denver, Colorado – October 5, 2016

Join accomplished speakers from around Colorado and California and Nevada, including Justices and Judges, State officials, and private firm engineers and practitioners for a stimulating day of learning and interaction on what can be done better to resolve water disputes in Colorado.
You will also learn ADR concepts, techniques, skills, and more from an expert trainer, mediator, coach, facilitator, consultant, and designer of dispute resolution systems, whose work is known nationally and internationally.

Register here!

ABA Section of the Environment, Energy & Resources Fall Conference
Denver Colorado, October 5-8, 2016 | Water Law & Litigation Day: October 7, 2016

View the Fall Conference brochure here.

If interested, contact the Executive Director, ALFIII@sbcglobal.net

New Publication

Mitigating the Exercise of Water Rights and Water Use: A White Paper on Questions Judges May Consider

In recent years, the issue of water mitigation has arisen in many contexts — priority administration, interstate compact enforcement, fishery impacts, and the groundwater-surface water nexus. The Conveners of the Dividing the Waters Program requested that the Program’s Board of Advisors advise the judges in the Program regarding how to assess proposals to provide mitigation for the effects from the exercise of water rights. The Conveners thought that the Board of Advisors, coming from different states, would be able to advise the Program’s judicial officers as to common issues and standards for review of mitigation plans. The Board convened at The National Judicial College in February 2015 to discuss mitigation and arrived with papers reflecting the mitigation practices or developments in several western states. The Board ultimately decided to offer this overview paper of mitigation issues as a vehicle for identifying the questions that judges or other adjudicators may wish to consider in assessing the sufficiency of a proposed mitigation plan.

The Vision

Dividing the Waters prepares the judges of today and tomorrow — across the nation — to apply the law, science, good judgment and wisdom in efficiently and effectively adjudicating water‐related cases, to meet human and environmental needs.

The Dividing the Waters Program connects judges, special masters and referees who preside over complex water litigation to the information and training resources they need to resolve some of the most difficult disputes about how to allocate and share this most precious and communal resource.

Dividing the Waters offers judicial officers with water cases an opportunity to collaborate as a network with a vast array of knowledge of water resources, law and management. The Program relies on judges helping judges. The network includes judges, special masters and referees who preside over water adjudications and other complex water litigation. Some specialize in water litigation and others have a long history of experience with a complex water case. The newest members of the network may have just recently received their first assignment of a water case. All are welcome. Our members include both state and federal judges, as well as other judicial officers who contribute to judicial adjudication of water conflicts.

Mission Statement

Dividing the Waters offers the network and the resources to help judicial officers adjudicate complex water cases. We accomplish this mission through:

  • Education. DTW improves judicial understanding of the complexities of water law, management and adjudication through educational programs, at conferences and workshops offered in person and/or via webcast. The education topics include water law and management, science and technology, and effective case management.
  • Networking. DTW facilitates understanding through judge-to-judge interaction that fosters strong personal and professional relationships among judges who share a common practice in water conflicts. The Program will build and strengthen that network through conferences, mentoring, and web-based connections.
  • Information Resources. DTW will develop and offer information resources that are helpful to judicial officers who adjudicate water conflicts. These resources include publications (books and pamphlets), webcasts, connections to other reputable organizations offering resources, and timely summaries of key appellate court decisions.