1. San Francisco Bay, the California WaterFix Project and Beyond
The Intersection of Law, Environment and Economics Ed Whitelaw and Winston Hovekamp University of Oregon and FION! Public Interest Environmental Law Conference University of Oregon School of Law March 3, This slideshow and additional resources can be found at < FION! LLC | 72 W. Broadway St. Suite 206 | Eugene OR, 97401

2. If we could first know where we are, and whither we are tending,
Policy Analysis 101
If we could first know where we are, and whither we are tending,
we could then better judge what to do, and how to do it. Abraham Lincoln (1858; House Divided speech)
Descriptive Model: Conditions as they are
Explanatory Model: Why they are as they are
Normative Model: Conditions as they should be
Prescriptive Model: Change them from as they are to as they should be

3. By Michael B. Jackson, Esq.
Bay Delta Conservation Plan: Why it fails to solve the California Water Problem
By Michael B. Jackson, Esq.

4. California’s Water Problem
2/3 precipitation falls in the upper 1/3 of
California
Average annual runoff is approximately
71 million acre feet (MAF)
North Coast streams 40% - 28 MAF
Total Sacramento runoff 31% - 22 MAF
San Joaquin runoff 9% - 7 MAF
Rest of state 20% MAF

5. “Less spring snowmelt could make it more difficult to refill winter reservoir flood control space during late spring and early summer of many years, thus potentially reducing the amount of surface water available during the dry season.”
- Maurice Roos, Chief Hydrologist
DWR

6. Proposed water tunnels underneath the Sacramento-Bay Delta

8. Proposed water tunnels underneath the Sacramento-Bay Delta

9. The “No Injury” Rule
Changes in points of diversion must meet the “No Injury” rule
Petitioners fail to heed the “No Injury” rule.

10. If we could first know where we are, and whither we are tending,
Policy Analysis 101
If we could first know where we are, and whither we are tending,
we could then better judge what to do, and how to do it. Abraham Lincoln (1858; House Divided speech)
Descriptive Model: Conditions as they are
Explanatory Model: Why they are as they are
Normative Model: Conditions as they should be
Prescriptive Model: Change them from as they are to as they should be

11. “The Sacramento-San Joaquin Delta (Delta) is the largest estuary on the west coast of North America. It is home to hundreds of bird, mammal, and fish species. Populations of many ecologically and commercially important species (public trust resources) have declined substantially over the past decade. These declines are related, among other factors, to increased diversions of water that have occurred since 1985 (Fleenor et al. 2010).”
- Executive Summary, California DFG (now DFW),
Quantifiable Biological Objectives and Flow
Criteria for Aquatic and Terrestrial Species of
Concern Dependent on the Delta, Nov. 2010

13. “Water flow through the Delta is one of the primary drivers of ecosystem function. The timing, magnitude, quality of flows, and way in which water is diverted all influence habitat features such as temperature, turbidity, transport, nutrient loadings, pollutant dispersal, and other factors.”
- Executive Summary, DFG, Quantifiable Biological Objectives and Flow Criteria, Nov. 2010

14. Climate Change & Risk and Uncertainty
“[Uncertainty] is something distinctly not of [risk’s] character; and there are far-reaching and crucial differences [between the two]…. It will appear that a measurable uncertainty, or “risk” proper, as we shall use the term, is so far different from an unmeasurable one that it is not in effect an uncertainty at all.”
Knight, F. H Risk, Uncertainty, and Profit. Houghton Mifflin, Boston & New York. Pg

15. If we could first know where we are, and whither we are tending,
Policy Analysis 101
If we could first know where we are, and whither we are tending,
we could then better judge what to do, and how to do it. Abraham Lincoln (1858; House Divided speech)
Descriptive Model: Conditions as they are
Explanatory Model: Why they are as they are
Normative Model: Conditions as they should be
Prescriptive Model: Change them from as they are to as they should be

17. California Public Trust
Emperor Justinian (535 A.D.)
“By the law of nature these things are common to mankind---the air, running water, the sea, and consequently the shores of the sea.”
1928 Amendment to California Constitution
1983 Mono Lake decision in National Audubon Society v. Superior Court Alpine County
Nature’s Trust
“A government’s trust duty requires administering
the natural endowment strictly on behalf of the
people, rather than to favor singular interests.”
Wood, Mary Christina Nature’s Trust: Environmental Law for a New Ecological Age. New York: Cambridge University Press. pg 127.

18. Policy Analysis 101 Descriptive Model: Conditions as they are
If we could first know where we are, and whither we are tending,
we could then better judge what to do, and how to do it. Abraham Lincoln (1858; House Divided speech)
Descriptive Model: Conditions as they are
Explanatory Model: Why they are as they are
Normative Model: Conditions as they should be
Prescriptive Model: Change them from as they are to as they should be
This slideshow and additional resources can be found at <
FION! LLC | 72 W. Broadway St. Suite 206 | Eugene OR, 97401