This workshop, organized by the Northwest Hydroelectric Association (NWHA), focuses on the regulatory framework for water rights in the Federal Energy Regulatory Commission (FERC) licensing context, including a review of case law regarding whether and when state water rights are preempted by the Federal Power Act.
Recent proposals in northwestern states to regulate water rights and in particular the water rights of hydropower operators will be reviewed.
Faculty will discuss the potential implications of these state proposals and the actions the Northwest Hydroelectric Association has taken to address these proposals.
Agenda:
1. Overview of how water rights are addressed in the Federal Power Act and related preemption case law
2. Discussion of practical considerations/impacts of water rights on project licensing/operation
3. Recent federal and state actions, including Tribal authorities and water rights adjudications, that challenge the current framework
Presenter(s)
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