Forging Sovereignty, Self Determination, and Solidarity
through Water Law
THE UNIVERSITY OF DENVER WATER LAW REVIEW
ELEVENTH ANNUAL SYMPOSIUM
Friday, March 30, 2018
8:30 a.m. – 6:30 p.m.
University of Denver Sturm College of Law
Water has long served as a source of both great conflict and critical collaboration in the history of the United States. Especially for historically marginalized communities of American Indians, Latin@s and Blacks, ownership, control, access and distribution of water rights has often been fleeting and limited in both scope and duration. Though these same communities have contested their marginalization in the realm of water law and policy sometimes through courts and other times through political and social mobilization, they have encountered apathy, resistance and sometimes hostility to their claims. The consequence is a contemporary United States where insecurity and uncertainty over water rights and quality are represented in the on-going struggle of the Standing Rock Sioux to assert their sovereignty over the Missouri River, the political and legal fight of the majority Black residents of Flint, Michigan to expect clean water to be distributed by its municipal government, and the vocal efforts of Latin@ farmers to maintain centuries old communal and cultural practices to their ditches.
The Denver Water Law Review’s Annual Symposium will bring these issues together. In collaboration with the University of Denver’s Interdisciplinary Research Incubator for the Study of (In)Equality and the Center of Sustainably, as well as the University’s strategic commitment to inclusive excellence and community engagement, the WLR Symposium will explore how Indigenous, Latin@, and Black communities have used water law individually and collectively with others to empower themselves to achieve equitable water rights and water quality outcomes. Using IRISE’s framework of sovereignty, self-determination, and solidarity, the Symposium seeks to identify how and in what ways water lawyers, policy makers, and DU Law can work for and in collaboration with underserved communities on issues of water rights and water justice now and into the future.
For more information, contact Lindsey Ratcliff at LRatcliff19@law.du.edu
7:30 a.m. – 8:30 a.m.
Registration and Breakfast
8:30 a.m. – 8:45 a.m.
8:45 a.m. – 10:00 a.m.
Preserving and Protecting the Chican@’s Water Heritage
Latino communities’ cultural, class, and racial justice panel will focus on agricultural water governance in Southwest Colorado and Northern New Mexico. The panel will foster storytelling, discussions around why water is a social and economic justice issue, and how control of water can be viewed as power, access, and culture.
- Moderator: José Roberto (Beto) Juárez, Jr., Professor of Law, University of Denver Sturm College of Law
- Devon Peña, Founder and President, The Acequia Institute; Professor of American Ethnic Studies and Anthropology, University of Washington
- David A. Benavides, Managing Attorney, Land and Water Project, New Mexico Legal Aid
10:00 a.m. – 10:15 a.m.
10:15 a.m. – 12:00 p.m.
Enhancing Tribal Water Sovereignty
This panel will address how water justice issues for tribal communities are questions of tribal sovereignty rather than racial or social justice. Panelists from or representing the Ute Mountain Ute Tribe, Southern Ute Tribe, and the Agua Caliente Band of Cahuilla Indians of California will share stories about their water settlements and/or litigation and current problems they face in securing water infrastructure to recognize their water rights. Panelists will also discuss the importance of government-to-government consultation.
- Moderator: Justice Gregory J. Hobbs, Jr., University of Denver Distinguished Jurist in Residence
- Peter Ortego, General Counsel, Ute Mountain Ute Tribe
- Scott McElroy, Attorney, McElroy, Meyer, Walker & Condon, P.C.
- Ernest House, Jr., Executive Director, Colorado Commission of Indian Affairs
- Steve Moore, Senior Staff Attorney, Native American Rights Fund
12:00 p.m. – 1:30 p.m.
Lunch and Keynote Presentation
Professor Camille Pannu, Director of the Aoki Water Justice Clinic at UC Davis School of Law, will give a lunch keynote to explain the role of water law clinics in creating more equitable water governance for underserved communities. She will also address the current political climate and the importance of looking at water through a racial and social justice lens.
1:30 p.m. – 2:45 p.m.
Building Municipal Water Self-Determination in Diverse Metropolitan Communities
The municipal water pollution panel will explore how and in what ways underserved and minoritized communities in Flint, Michigan and the Denver Metro area use, access, and are impacted by contaminated water. Panelists will describe problems communities face in terms of access to clean and safe water for drinking, but also to recreate and enjoy the natural world.
- Moderator: Tom I. Romero II., Assistant Provost of IE Research and Curriculum Initiatives for University of Denver, Professor of Law, University of Denver Sturm College of Law
- Khyla Craine, Assistant General Counsel, National Association for the Advancement of Colored People
- Lizeth Chacón, Executive Director, Colorado People’s Alliance
- Daniel J. Arnold, Staff Attorney, Denver Water
2:45 p.m. – 3:00 p.m.
3:00 p.m. – 4:00 p.m.
Navigating Unbundled and Unrepresented Water Litigants
Panelists will explore real-world ethical challenges water attorneys face regularly: unbundled legal services, pro se applicants and opposers, and conflicts. Panelists will provide hypotheticals and will encourage audience participation in issue-spotting and developing strategies to overcome these challenges.
- Zach Smith, Staff Attorney, Colorado Water Trust
- James (“Jaime”) Sudler, Attorney & Executive Producer, H2O Radio
4:00 p.m. – 5:00 p.m.
Calling our Water and Civil Rights Leaders to Solidarity and Collective Action
The “Call to Action” panel will close the Symposium. We intend for this panel to “tie together” everything discussed in the preceding panels. A moderator will address the Symposium and facilitate a conversation with attendees and select panelists about actions moving forward––particularly the role of the Colorado Water Bar and the University of Denver Sturm College of Law––to help underserved communities with their water challenges.
- Moderator: Alexi Freeman, Associate Professor of the Practice and Director of Externships and Public Interest Initiatives
- Amy W. Beatie, Former Executive Director of Colorado Water Trust, Candidate for the Colorado House of Representatives (District 4)
- Lizeth Chacón, Executive Director, Colorado People’s Alliance
- James Eklund, Of Counsel, Squire Patton Boggs, LLP
Thanks to this year’s sponsors!