45 Ocean & Coastal L. Memo [i] (1998)

handle is hein.journals/ocoaslme45 and id is 1 raw text is: 








Ocean and Coastal



            Law Memo


Issue 45 January 1998


  Western Water Rights, the Federal Navigation Servitude,
                      and  Salmon Restoration

                                   by

  Richard G. Hildreth, Professor of Law, Codirector, Ocean and Coastal Law Center
               Carrie Dahlstrom, J.D. 1998, University of Oregon
               Marshall L. Wilde, J.D. 1998, University of Oregon

                            Table of Contents
                                                                   Page

 I.   Introduction ........................................................ 1

 II.  The U.S. Congress Severs Nonnavigable Waters from Western .
        FederalPublicLands..    .     ......              .......... .1

 IL   The Federal Navigation Servitude ........................     ........ 5

 IV.  The Servitude and Western Water Rights . ...................      .11

 V.   Potential Roles for the Navigation Servitude in Federally Supported
         River Basin and Watershed Restoration Efforts ................... 17

 VI.  Authority to Use the Federal Navigation Servitude for Salmon ........ 23

 VII. Conclusion ..........................................          ....... 25


 This memo is the result of research sponsored in part by Oregon Sea Grant with funds from NOAA
Office of Sea Grant, Department of Commerce, under Grant No. NA606X-01 (Project R/PPA-41). The
authors gratefully acknowledge the manuscript assistance of Nancy Farmer and the research assistance
of Andrea Coffman.


  Distributed by: Oregon State University Extension . Sea Grant Program  Corvallis OR

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