Daniel V. Steenson, ISB No . 4332 S. Bryce Farris, ISB No. 5636 Andrew J. Waldera, ISB No. 6608 SA WfOOTH LAW OFFICES, PLLC 1101 W. River Street, Suite 110 P.O. Box 7985 Boise, Idaho 83707 Tel: (208) 629-7447 Fax : (208) 629-7559 Attorneys for the Ditch Companies Albert P. Barker Shelley M. Davis BARKER, ROSHOLT & SIMPSON, LLP 1010 W. Jefferson, Suite 102 Boise, ID 83702 Tel: (208) 336-0700 Fax : (208) 344-6034 Attorneys/or Boise Project Board o/Contro/ BEFORE THE DEPARTMENT OF WATER RESOURCES OF THE ST A TE OF IDAHO IN THE MA TIER OF ACCOUNTING FOR DISTRIBUTION OF WATER TO THE FEDERAL ON-STREAM RESERVOIRS IN WATER DISTRICT 63 EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES COME NOW, the Boise Project Board of Control and the Ditch Companies, by and through their respective counsel of record, in accordance with the May 20, 2015 Fifth Amended Scheduling Order and Notice of Hearing and IDAPA 37.01.01, Rules of Procedure of the Idaho Department of Water Resources, and hereby disclose the following individual, who may be called as an expert witness at the hearing of this matter. EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES - I
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Daniel V. Steenson, ISB No. 4332 S. Bryce Farris, ISB No. 5636 Andrew J. Waldera, ISB No. 6608 SA WfOOTH LAW OFFICES, PLLC 1101 W. River Street, Suite 110 P.O. Box 7985 Boise, Idaho 83707 Tel: (208) 629-7447 Fax: (208) 629-7559 Attorneys for the Ditch Companies
Albert P. Barker Shelley M. Davis BARKER, ROSHOLT & SIMPSON, LLP 1010 W. Jefferson, Suite 102 Boise, ID 83702 Tel: (208) 336-0700 Fax: (208) 344-6034 Attorneys/or Boise Project Board o/Contro/
BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE ST A TE OF IDAHO
IN THE MA TIER OF ACCOUNTING FOR DISTRIBUTION OF WATER TO THE FEDERAL ON-STREAM RESERVOIRS IN WATER DISTRICT 63
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES
COME NOW, the Boise Project Board of Control and the Ditch Companies, by
and through their respective counsel of record, in accordance with the May 20, 2015 Fifth
Amended Scheduling Order and Notice of Hearing and IDAP A 37.01.01 , Rules of Procedure of
the Idaho Department of Water Resources, and hereby disclose the following individual, who
may be called as an expert witness at the hearing of this matter.
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES - I
Jennifer Stevens, Ph.D. STEVENS HISTORICAL RESEARCH ASSOCIATES 223 N. 61h St., Suite 205 Boise, ID 83 702 (208) 426-0206
Dr. Stevens' qualifications, a list of publications she authored within the
preceding ten years, and a list of other cases in which she has testified as an expert at trial or by
deposition within the preceding four years, are identified in Dr. Stevens' Curriculum Vitae
attached hereto as Attachment A.
Dr. Stevens is compensated at an hourly rate of $150.00 per hour for her work on
this case.
Dr. Stevens found and reviewed documents that pertain to the development of
Arrowrock Reservoir, Anderson Ranch Reservoir, and Lucky Peak Reservoir (collectively
"Boise River Reservoirs" or .. reservoir system") for irrigation storage and flood control. In
particular, Dr. Stevens considered documents that would assist in answering the following
research questions:
1. How did irrigation storage and flood control develop and change on the
Boise River from the construction of Arrowrock Dam until the present day?
2. What role did the State of Idaho play in the development of reservoir
system management?
3. What role did the State ofldaho play in the development of the 1985
"Water Control Manual for Boise River Reservoirs"?
4. How was the Idaho Department of Water Resources' computerized water
storage accounting system for the Boise River developed? What role did Boise River water
users play in the development of this accounting system?
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES - 2
The CD attached hereto as Attachment B, together with the corresponding
document index, contain and identify copies of the documents Dr. Stevens considered in her
investigation. Dr. Stevens reviewed federal and Idaho state records related to the Boise River
Reservoirs. In particular, Dr. Stevens reviewed records of the Bureau of Reclamation, the Army
Corps of Engineers, and of the various governors and other Idaho government representatives
who were involved in the authorization of Anderson Ranch and Lucky Peak Reservoirs, and/or
the development, implementation and conduct of reservoir system management. Dr. Stevens
also reviewed documents identified by the Idaho Department of Water Resources as relevant to
the contested case concerning water right accounting in Water District 63, documents produced
by the State of Idaho in this case, and contracts and other related documents provided by parties
that have contracts for storage in the Boise River Reservoirs. Dr. Stevens' research included in-
person visits to the following archival repositories and research in the records noted therein:
National Archives. Seattle Record Group 77, Records of the Chief of Engineers
National Archives. Denver Record Group 115, Records of the Bureau of Reclamation
Federal Record Center. Denver Record Group 115, Records of the Bureau of Reclamation
Idaho State Archives, Boise MS84, Papers of Henry Dworshak, 1939-1962 AR2/l 9, Papers of Governor C.A. Bottolfsen ( 1943-1945) AR2/l 7, Papers of Governor C.A. Bottolfsen (1938-1941) AR2/21, Papers of Governor Arnold Williams (1945-1947) AR 53, Idaho Water Resource Board Administration
Boise State University Special Collections. Boise MSS141, Papers of Cecil D. Andrus, 1970-1995
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- 3
Dr. Stevens is expected to express the following findings and opinions as a result
of her investigation:
{a)
(b)
(c}
(d)
(e)
(f)
The documents Dr. Stevens obtained and considered provide a comprehensive and detailed account of the planning, development, authorization, modification and conduct of the historic operation of the Boise River Reservoirs for irrigation storage and flood control.
Throughout the decades-long process of planning, developing, authorizing, modifying and conducting the operation of the Boise River Reservoirs as a system for irrigation storage and flood control, protecting existing storage rights and filling the Boise River Reservoirs for irrigation use were preeminent concerns of the storage right holders and of the federal and state agencies involved. The reservoir operating plan that has been in place since 1953 assured storage right holders that their storage rights would not be diminished by flood control operations.
Settlers originally harnessed the natural flows of Boise River for irrigation in order to deliver water to users during the dry summer months. In response to the need for additional water supplies during irrigation season, the Bureau of Reclamation constructed Arrowrock Reservoir on the Middle Fork of the Boise River in 1915. Though not part of its authorized irrigation storage use, Arrowrock was used to release and subsequently store water to reduce downstream flooding, and store water for irrigation use.
Springtime flooding of land along the Boise River was a regular occurrence, even after the completion of Arrowrock Dam. Inadequate water supplies and regular flooding continued to be major concerns for those living in the Treasure Valley. The primary objectives of constructing Anderson Ranch and Lucky Peak Reservoirs several decades later were to control floods along the Boise River and provide additional storage for irrigation use.
Treasure Valley water users formed an important arm of the negotiations for construction of Anderson Ranch and Lucky Peak Reservoirs, working with representatives of the State ofldaho, the Bureau of Reclamation and the Army Corps of Engineers to ensure that their existing storage water rights would not be harmed in the name of flood control.
Following a lengthy public process that included existing water users and members of the Idaho State government, the Army Corps of Engineers and the Bureau of Reclamation signed a Memorandum of Agreement in 1953 containing a plan for the joint operation of the three reservoirs for both irrigation storage and flood control. The plan uses runoff forecasts and
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- 4
(g)
(h)
(i)
"rule curves" that define reservoir space that must empty in anticipation of high spring runoff during the flood control season. This process is intended to control reservoir releases so that mainstem Boise River flows will not exceed the established flood control objective, as well as to fill the reservoirs for irrigation use pursuant to established storage rights. The reservoir operating plan further assured Anderson Ranch and Arrowrock storage right holders that shortfalls in filling their storage rights due to flood control releases would be made up from Lucky Peak storage, and that no future change would affect storage rights in the reservoir system without the storage right holders' agreement.
In 1954, the water users with contracts for storage in Arrowrock and Anderson Ranch Reservoirs signed supplemental agreements with the United States assenting to the plan to allow flood control use of the reservoirs while protecting their storage rights in light of the newly developed, system-wide operations. The contracts also provided them water from Lucky Peak storage if their existing storage water rights in Arrowrock and Anderson Ranch were not fulfilled because of flood control operations. The Corps developed and adopted an operating manual in 1956 to facilitate implementation of the congressionallyauthorized operating plan of the 1953 Agreement.
After two decades of joint operation for multiple purposes that included power, irrigation storage, and flood control, the State ofldaho's Governor Cecil Andrus asked the Idaho Department of Water Resources to review Boise River reservoir management following flooding in the early 1970s. The Department's resulting report recommended that the 1956 Manual undergo revision to provide greater flood control without jeopardizing existing storage rights through collaboration between the Corps, the Bureau, and the State of Idaho.
Revising the manual was an inclusive process that embraced water users, recreationists, and federal and state government representatives, among others. The Army Corps of Engineers, the Bureau of Reclamation, and the Idaho Department of Water Resources spent nearly 10 years studying the river's behavior and determining the best method of improving flood control without jeopardizing existing storage water rights. All three entities contributed substantively to the process and the end result was the 1985 Manual that has guided river operations since its adoption.
In 1981, the Idaho Department of Water Resources began internal discussions to adapt an existing computerized water delivery accounting system for use on the Boise River. The computerized system was first used for the Boise River for the 1986 water year. Accounting for the accrual of water to the reservoirs by source and priority, rather than by priority only, was the only significant change in the accrual of water to
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- S
(k}
storage water rights that was identified by the Idaho Department of Water Resources. This meant that water from Mores Creek and the South Fork of the Boise River that flowed only into Lucky Peak Reservoir would be attributed to the Lucky Peak storage water right, rather than the earlier priority Arrowrock and Anderson Ranch water rights.
The historical record does not reveal that either the State ofldaho's Department of Water Resources or the Boise River Watermaster had any additional discussions with Boise River water users, or collaborate with the Corps of Engineers or the Bureau of Reclamation, in the development and adoption of the new accounting system for the Boise River, other than informing them after the fact of its implementation in 1986. There is no indication that the water users were ever informed that adoption of the accounting system was intended to alter the manner in which water is stored for irrigation use under the reservoir operating plan that was adopted in 1953 and modified by the 1985 Water Control Manual. The fact that the reservoir operating plan had just been modified through a decades-long process a year earlier, together with the failure to notify the water users that a change was intended to be effected by the accounting program, leads to the conclusion that adoption of the computerized water accounting system was not intended to diminish the storage right protection and storage filling assurances provided by the reservoir operating plan that had been in effect since 1953.
Dr. Stevens is preparing a report which discusses and explains these findings and
conclusions in greater detail. The report is expected to be completed shortly, and will be
provided to the parties in a timely manner for discovery purposes.
Dr. Stevens may also testify in response and in rebuttal to the opinions and
analysis presented by other parties and their experts, if any are disclosed.
DATED this 181h day of June, 2015.
SAWTOOTH LAW OFFICES, PLLC
By~ D~e~
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- 6
Attorneys for the Ditch Companies
DA TED this 18th day of June, 2015.
BARKER ROSHOLT & SIMPSON, LLP
a}/v;.§/ By (IUlji l~ L
Albert P. Barker Attorneys for Boise Project Board of Control
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of June, 2015, I caused a true and correct copy of the foregoing EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES to be served by the method indicated below, and addressed to the following:
Director IDAHO DEPARTMENT OF WATER RESOURCES
322 E. Front Street, 6th Floor P.O. Box 83720 Boise, ID 83 720 Facsimile: (208) 287-6700
Erika E. Malmen PERKINS COIE, LLP 1111 W. Jefferson Street, Suite 500 P.O. Box 737 Boise, ID 83701-0737 Facsimile: 343-3232 E-Mail: [email protected]
David W. Gehlert U.S. DEPARTMENT OF JUSTICE
999 18th Street South Terrace - Suite 370 Denver, CO 80202 Facsimile: (303) 844-1350 E-Mail: [email protected]
James C. Tucker IDAHO POWER COMPANY
1221 W. Idaho St. P.O. Box 70 Boise, ID 83707 Facsimile: (208) 433-2807 E-Mail: [email protected]
( ) U.S. Mail, Postage Prepaid (X) Hand Delivered ( ) Overnight Mail ( ) Facsimile
(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
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EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES - 8
Albert P. Barker Shelley M. Davis Barker Rosholt & Simpson LLP 1010 W. Jefferson, Suite 102 P.O. Box 2139 Boise, ID 83701-2139 Facsimile: (208) 344-6034 E-Mail: [email protected]
Charles F. McDevitt Celeste K. Miller MCDEVITT & MILLER, LLP 420 W. Bannock P.O. Box 2564 Boise, ID 83701 Facsimile: (208) 336-6912 E-Mail: [email protected]
Jerry A. Kiser Attorney at Law P.O. Box 8389 Boise, ID 83 707 E-Mail: [email protected]
John K. Simpson Travis L. Thompson Paul L. Arrington BARKER ROSHOLT & SIMPSON LLP 195 River Vista Place, Suite 204 Twin Falls, ID 83301-3029 Facsimile: (208) 735-2444 E-Mail: [email protected]
W. Kent Fletcher FLETCHER LAW OFFICE 1200 Overland Ave. P.O. Box 248 Burley, ID 833 I 8 Facsimile: (208) 878-2548 E-Mail: [email protected]
(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
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EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES- 9
Rex R. Barrie WA TERMASTER WATER DISTRICT 63 10769 West State Street P.O. Box 767 Star, ID 83669 Facsimile: (208) 908-5481
Ron Shurtleff WA TERMASTER WATER DISTRICT 65 102 N. Main Street Payette, ID 83661 Facsimile: 642-1042 E-Mail: [email protected]
Michael P. Lawrence GIVENS PURSLEY, LLP 601 W. Bannock St. P.O. Box 2720 Boise, ID 83701-2720 Facsimile: (208) 388-1300 E-Mail: [email protected]
Bruce M. Smith MOORE SMITH BUXTON & TURCKE, CHTD. 950 W. Bannock, Suite 520 Boise, ID 83702 Facsimile: {208) 331-1202 E-Mail: [email protected]
(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
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(X) U.S. Mail, Postage Prepaid ( ) Hand Delivered ( ) Overnight Mail ( ) Facsimile
EXPERT WITNESS DISCLOSURE OF BOISE PROJECT BOARD OF CONTROL AND THE DITCH COMPANIES - 10
Curriculum Vitae
Jennifer Stevens, Ph.D.
Principal, Stevens Historical Research Associates 223 N. 6"' Street, Suite 205 Boise, ID 83702 Mobile: 208-850·1553 Email: jen nife rstevens@shrabo ise .com Website: www.shraboise.com
Experience Dr. Stevens is an environmental histor ian. She offers expertise and historical consulting on a range of issues related
to land and water use to private, public, and Native American clients across the country. She has researched and
written extensively on issues related to road access matters, water rights, mining development, stream navigability,
irrigation facility development, storm water disposal, mine waste disposal, historic surveys and boundaries, and
Superfund liability and clean-up. Dr. Stevens is active In the history profession as well as civic matters, serving on
professional committees and government commissions, Including the Idaho State Historical Records Advisory Board.
Education
Ph.D., American History University of California, Davis. 2008. Dissertation: Feminizjng the Urban West; Green Cities and Open Space in the Postwar Era, 1950-2000
M.A., American History
B.A., History and Political Science
University of California, Santa Barbara. 1995.
University of California, Santa Barbara. 1993.
Archival Experience •u.s. National Archives: U.S. Army Corps of
Engineers, U.S. War Industries Board, U.S.
Bureau of Reclamation, U.S. Fish and Wildlife
Service, U.S. Forest Service, U.S. General Land
Office, U.S. Bureau of Land Management,
Military Branch files, U.S. Geological Survey,
U.S. Bureau of Indian Affairs, and many others
Select Water Rights/Irrigation/Navigability Experience • Snake River (ID) • Boise River {ID) • Payette River (ID)
• Salt River (AZ) • Gila River (AZ) • Verde River (AZ) • Rio Grande River
• North Platte River (NE) • Republican River (KS)
•state Archives: California, New Mexico, Arizona,
Idaho, Oregon, Kansas, Washington, Oklahoma,
*Special and Academic Collections: numerous
•corporate Archives: Salt River Project, PG&E, J.R.
Simplot Company, Idaho Power Company, others
llPa g e Attachment A
• Portneuf River (ID) • Kern River (CA)
Select CERCLA/Supcrrund Site Experience • Lower Duwamish (WA) • Upper Columbia River (WA) • Tulsa Fuel & Manufacturing (OK) • Eastern Michaud Flats (ID) • Bunker Hill Mining & Metallurgical (10)
Project/Client History 2015-present: Consulting historian for Pacific Northwest Tribe (confidential) regarding potential fishing and hunting litigation. Provided research on Tribal history and assisted Tribe in assembling library of historic resources regarding their history.
2014-present: Consulting historian for water users in Idaho river basin involved in dispute with state over river operations. (Client confidential.)
2014-present: Consulting historian for party involved in a water dispute in an original jurisdiction U.S. Supreme Court case. (Client confidential.)
2015: Consulting historian for Franklin County, Idaho. Provided research and an expert report on the history of a rural road under dispute.
2014-present: Project historian for Idaho Power Company's centennial celebration which will take place in 2016. Providing research, project planning, writing. online and traditional exhibit planning, oral history, and documentary expertise.
2013-present: Historian for former operator on a CERCLA site in Indiana. Providing research on potentially responsible parties and historic corporate relatlonships. (Client confidential.)
2013-present: Historian for State of Idaho Attorney General. Researched the historic navigability of the Payette River from Idaho's territorial period to statehood for litigation purposes.
2013-present: Consulting historia11 for potentially responsible party on a CERCLA site near Seattle, Washington. Researching the history of land use and water pollution during the 2011, century. (Client confidential.)
2013-present: Consulting historian for State of New Mexico regarding history of state roads.
2013-present: Expert historian for FMC Corporation on the Eastern Michaud Flats CERCLA site in Idaho for
hearing in Tribal Court over matters relating to jurisdiction. Researching the site's Native American,
corporate, and other land use and title history. Provided expert deposition testimony In 2014: Shoshone
Bannock Tribes Land Use Department and Fart Hall Business Council vs. FMC Corporation {C-06-0069, C-07·
0017, C-07-0035}
2012-present: Expert historian for defendant In litigation over llabUity for an Oklahoma CERCLA site in Cyprus Amax Minerals Company v. TC/ Pacific Communications and CBS Operations, Inc. (ll·CV-252-JED-PJC). Researching potentially responsible parties, direct operator liability, and corporate relationships at the legacy site in a "piercing the veil" defense.
2012-2015: Consulting historian for Nampa & Meridian Irrigation District in Idaho. Providing research on the history of the district, its facllitles, and the historic (natural) state of the land and watercourses in the district for use in TMDL preparations and other Clean Water Act compliance.
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2012-2015: Consulting historian for public utility. Researching history of navigability as it relates to hydroelectric power. (Client confidential.)
2012-2013: Consulting historian for State of Idaho Attorney General regarding hfstorical management of state lands. Produced expert report.
2012: Consulting historian for eastern Idaho canal company. Provided research on the history of Carey Act water development and water rlghts administration on the project. Dispute settled out of court.
2012: Consulting historian for Bear Lake County, Idaho, regarding historic roads for use in R.S. 2477 road validation proceedings under the 1866 Mining Law. Provided research on local land use and historic travel routes. Dispute settled out of court.
2011-2014: Expert historian for mining company on the history of operations at a western mine site to determine liability under a CERCLA claim. (Client confidential.)
2010-2013: Expert historian for Colville Confederated Tribes in Joseph A. Pakootas, et al v. Teck Cominco Metals, Ltd. (CV-04-0256-LRS), a civil action Involving CERCLA claims against a mining company in eastern Washington State. Provided comprehensive expert rebuttal report and deposition testimony regarding the history of mining in the region. Expected trial date is September 2012.
2010-2011: Expert historian for defendant in United States of America v. Michael Rodriguez (CR-09-279-SBLWJ regarding potential Clean Water Act violations. Issues include the historical nature of the land and the existence of wetlands thereupon. Provided expert report which helped settle this dispute out of court.
2010-present: Consulting historian for a privately held mining company in the State of Washington In a dispute with the federal government over Indian Reservation boundary. Issues include historic creek location and historic treatment of lands bordering a creek in Washington State. (Client confidential.)
2010-present: Consulting historian for Washington County, Idaho regarding the historic presence and use of roads in the County for use in R.S. 2477 road validation proceedings under the 1866 Mining Law. Provided expert testimony at a public hearing held in May 2012.
2010·2011: Expert historian for Baker City in City of Baker City, OR v. United States of America, et al (Civil No 21>8-cv-717-SU) regarding the historic presence of mining ditches in the surrounding National Forest for use in validation of ditch as an R.S. 2339 right-of-way under the 1866 Mining Law. Offered expert testimony and an expert report that were used for a successful trial outcome for Baker City in October 2011.
2009-present: Consulting historian for private mining claim owner in central Idaho. Providing historical research on the presence of roads on federal land for potential litigation of R.5. 2477 roads claim under the 1866 Mining Law.
2008-present; Consulting historian/expert for Pioneer Irrigation District in Pioneer Irrigation District v. City o/ Caldwell (CV-08-556-C). Provided expert deposition testimony, primary historical research and authored a report on the history and development of the Irrigation District's facilities. Expected trial date Is June 2014.
2010·2011: Consulting historian/grant writer for Boise State University. Worked with faculty members In the College of Social Sciences to write interdisciplinary grant materials for National Science Foundation funding related to water and land use in the Boise River basin, Idaho.
2008-2012: Consulting historian for mining company In eastern Idaho, regarding the history of river pollution and land use on a CERCLA·regulated site. Authored a comprehensive history regarding Resource and Conservation Recovery Act (RCRA) and CERCLA (Superfund) regu,ation and corporate land use on the site.
2010: Expert historian for Pioneer Irrigation District (Idaho) regarding water rights issues for the Snake River Basin Adjudication. Researched the District's water rights history in relation to other adjacent users.
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2010: Expert historian for Middle Fork Holding Company in Middle Fork Holding Company v. United States (CV09-440·CWD). Provided research and expert report on the history of the Middle Fork Lodge's Challis National Forest holdings, including irrigation ditch being litigated as a potential R.S. 2339 canal. Case was settled out of court in 2010 in favor of SHRA client.
2010: Consultant to City of Boise. Authored the City's new Historic Preservation Plan. This project represented the first revision of the City's plan since it was originally written In 1979.
2010: Consultrng historian for Sima Muroff/Blackhawk on the River on the historical impact of the War Production Board's L-208 regulation closing all "non-essential" mines in the United States in 1942. Provided research and report on Idaho mines affected by order L-208.
2009-2010: Expert historian for Boise City Canal Company In Corn, et. al v. Boise City Canal Campany. Provided research on the historical construction of Boise City Canal Company's canal for use in litigation over damages. Case was settled out of court in 2011.
2008-2011: Expert historian for Settlers Irrigation District in Ada County Highway District v. Settlers Irrigation District (CV-OC-0605904). Provided expert testimony in deposition and an expert report regarding the history of the Settlers' canal system, land settlement in Ada County, and the historic presence of water in the area In question. Judge issued a favorable ruling on summary judgment motion with heavy reliance upon SHRA expert report. Case was settled out of court in 2011.
2007: Consulting historian for Surface Water Coalition in south central Idaho in the matter of A&B lrrigarion District et al. v. Idaho Department of Water Resources, et al (Fifth Jud. District case No. CVT2008TSSI). Provided historical research on the development of water resources in south-central and southTeastern Idaho. Research included the history of ground water as well as surface water use developments.
2005-2007: Consulting historian for ERO resources In Boise, Idaho. Authored a consulting report entitled The History of Water and Land Use in the Twin Falls, Idaho Region, 1870-1990, for use in a legal dispute between water users in south central Idaho.
2003-2004: Consulting historian for City of Boise, Idaho. Authored a report entitled Land Use and Conservation in the Baise Foothills, 1862-2001 for use in support of federal legislation dictating the terms of a land exchange between various state, federal, and local entities.
1999: Assistant Historian for Quivik Consulting Historian, Inc. Provided research and writing on mining history for the Bunker Hill Superfund litigation (United States v. ASARCO, et al) in northern Idaho, with particular attention to liability and corporate ownership issues.
1999: Assistant Historian for Quivik Consulting Historian, Inc. Provided research and writing on mining history for Pinal Creek Group v. Newmont Mining Corp., et al., in Arizona.
1998: Associate Historian and consultant for the Sacramento Municipal Utility District (SMUD) in lltigation SMUD v. Ca/Trans, et al. Provided research on the historical land use of a contaminated site adjacent to the Sacramento River to determine clean-up liability.
1998: Associate Historian and consultant for State of Kansas in litigation matters regarding the Republican River Compact and interstate Republican River adjudication.
1998: Associate Hlstorian and consultant for water users in ongoing adjudication of the Snake River Basin. Provided research on the effects of Upper Snake River Dams on downstream salmon migration for use in legal conflict between Nez Perce lndlans and water users.
1997-1998: Associate Historian and consultant for a municipal entity Involved in the Rio Grande River Adjudication. Provided research and writing on early land and water use around the modern city limits, including groundwater, to determine municipal usage rights.
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1997·1998: Associate Historian and consultant for Fort Hall Irrigation Project water users, Involved In water rights contract with the United States. Provided research on water right contract Issues between the water users association and the United States.
1997·1998: Associate Historian and consultant for Kern Delta Water District regarding the historical water rights on the Kern River. Provided research and writing on the history of the famous Lux v. Hqqqin case and Its subsequent agreements In order to determine Kern Delta's rights.
1996·1998: Associate Historian and consultant for the state of Idaho regarding the Snake River Basin Adjudication. Provided historical research on water rights of the Snake River islands located in the Deer Flat National Wildlife Refuge in legal dispute with the United States. Part of the Snake River Basin Adjudication.
1995-1998: Associate Historian and consultant for the Salt River Project (Arizona). Provided research on the commercial navigability of the Salt River, Gila River, and Verde River at the time of statehood (1912) for use in hearings in front of the Arizona Navigable Stream Adjudication Commission.
1995·1998: Associate Historian and consultant for Nebraska Department of Water Resources. Provided research on the history of Nebraska v. Wyoming, 325 U.S. 589 (1945), for use in litigation between Nebraska and Wyoming over the apportionment of North Platte Rlver waters.
1995-1998: Associate Historian and consultant for federal client. Providing research on the history of Rancho Sonta Margarita v. Vail for use in a water dispute over the Santa Margarita River in southern California.
Conference Presentations and Other Professional Talks January 2013: American Historical Association. Panicipant in panel entitled, The Entrepreneurial Historian. New Orleans, LA.
March 2010: American Society for Environmental History. Roundtable Organizer, Alternate Voices, Shared Visions: Women in Post-WWII Environmentalism. Portland, OR.
March 2010: Women's History Month speaker for Boise civic series put on by Boise State University's Center for History and Politics entitled Fettuccine Forum. Boise, ID.
October 2009: Western History Association. "The West is Healthy?: Smog and Its Impact on the Cities of the West: 1950-1980," as part of the panel, Wiring Wellness in the West. Denver, CO.
October 2009: Planning History/Society for American Oty and Regional Planning. "Telesis: A Roundtable." Presented research on Dorothy Erskine's role In what was a cutting edge planning group out of Berkeley, CA. Oakland, CA.
May 2009: Foothills Learning Center Sunset Series. "Hull's Angels: The History of Western Women and Open Space Campaigns." Boise, ID.
April 2009: Western Association of Women's Historians. "living on the Edge: Hillside Women's Plans for a Wild Los Angeles, 1955·1970," as part of the panel: Defining Los Angeles: A City's Identity in Flu'/t, 1880· 1980. Santa Clara, CA.
March 2009: U.S. Bureau of Reclamation. "Women of the Urban West, Green Cities and Open Space Battles In the Post War Era," in honor of Women's History Month. Boise, ID.
June 2008: Berkshire Conference on the History of Women. "Saving Us from Subdivisions and Giving Us Space: Women as Environmentalists in the Early Second Feminist Era," as part of the panel: Battling Urban Sprawl, Pollution, and Poverty: Justifications for Women's Environmental Activism in the Twentieth Century. Minneapolis, MN.
February 2008: American Society for Environmental History. "When the City Gets Too Close: Saving Hull's Gulch and Building Community in Boise, Idaho, 1980-2000," as part of the panel: When Wild Isn't Wild
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Anymore: Negotiating the Boundaries Between Humans and the Wild. (Also served as member of the Local Arrangements Committee far this conference.) Boise, ID.
October 2007: Western History Association. "Los Angeles: Sprawling Metropolis or Urban Park Haven? The Struggle for a City's Identity in the Santa Monica Mountains: 1960-1978," as part of the panel: The Boundaries of Nature: Cities, Counties, and Tensions around Parks In the West. Oklahoma City, OK.
March 2000: American Society for Environmental History. noeschutes and After: The State's Rights Issue in River Management, 1947-1956," as part of the panel: Whose Rivers Are They?: The Politics of River Management In the Pacific Northwest. Seattle, WA.
Teaching Experience and Other Talks Spring 2014/2015: Department of Environ mental Studies: Adjunct professor, Boise State University, Boise, Idaho. United States Urban Environmental History.
Fall 2013: Department of History: Adjunct professor, Botse State University, Boise, Idaho. Upper-division Environmental History.
August 2013: Featured Speaker, Idaho Environmental Forum's Boise River Conference: "History of Irrigation in Idaho."
April 2013: Featured Speaker, Boise 150 Celebration: "The History of Boise's Green Spaces."
October 2012: Online Panelist: "Careers for Consulting Historians," The Versatile Ph.D.
June 2015/July 2012/July 2011/July 2010: NBI, Inc. A class an historical research for attorneys earning Continuing Legal Education credit. Boise, Idaho.
June 2012: Speaker at the Idaho Water Users Association's Water Law Seminar on "Documenting Your Water
History." Sun Valley, Idaho.
Spring 2010: Department of History: Adjunct professor, Boise State University, Boise, Idaho. Upper-division
Environmental History.
Spring 2010: Department of History: Adjunct professor, Boise State University, Boise, Idaho. 3-day
workshop entitled, ''Women and the Urban West."
2006: Teacher/Leader. Department of History: Boise State University, Boise, Idaho. 3-day workshop
entitled "History of the Boise Foothills."
1999: Teaching Assistant. Department of History: University of california, Davis.
• United States Environmental History.
• United States History, 1860-present.
• Modern European History
1994-1995: Teaching Assistant. Department of History: University of California, Santa Barbara.
United States History, 1860-present.
Professional and Academic Awards 2012: Woman of the Year Award, Idaho Business Review
2011: Accomplished Under 40 Award, Idaho Business Review
Department of History Research Block Grant Award, University of Callfornia, Davis.
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2007: Consortium for Women and Research, Research Grant, University of California
2008: Consortium for Women and Research, Travel Grant, University of Californla
Other Professional Experience and Service to the Profession 2014-present: Board Member, Idaho Environmental Forum.
2012-present: Member, Consultant's Committee, National Council on Public History.
2012-present: Contributor, Consultant's Corner, National Council on Public History.
2011-present: Governor-appointed member, Idaho State Historical Records Advisory Board.
2012-2013: Chair, Boise City Planning and Zoning Commission.
2008-2013: Mayor-appointed member, Boise City Plaooing and Zoning Commission.
2007 • 2008: Member, vice-president of the Board ofTrustees, Land Trust of the Treasure Valley.
2005-2008: Chair, Boise City Historic Preservation Commission.
2003-2008: Member, Boise City Historic Preservation Commission.
2004: Graduate, leadership Boise Program, Boise Chamber of Commerce
2002-2003: Historic Preservation Chair, Newsletter Editor, and Board Member, North End Neighborhood
Association. Worked with local historians and architects to preserve and maintain the historic resources of
Boise's North End neighborhood.
2001·2002: Market Intelligence Manager, PeopleSoft, Inc., Pleasanton, CA. Collaborated with executives,
Including CEO, to determine competitive positioning for sales and marketing in the dynamic e-business software sector. Planned intemational expansion of market intelligence team. Interacted regularly with
industry analysts.
1999-2001: Manager, Competitive Intelligence, Siebel Systems, Inc., San Mateo, CA. Worked closely with
executive team, including COO, to devise corporate strategies to remain ahead of the competition in the
software industry. Traveled internationally to present strategies to sales teams and executives.
1995: Water Policy Researcher/Analyst. Environmental Polley Center, San Francisco, CA. Researched local
government policies regarding water efficiency and water quality. Updated information on the Center's
Web site, followed trends in policy making and assisted local government clients in implementing policies.
Conferences Attended American Historical Association, January 2013, New Orleans.
Western Association of Women Historians, May 2009, Santa Clara.
Berkshire Conference on the History of Women, June 2008, Minneapolis.
Society for American City and Regional Planning, October 2009, Oakland.
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Western History Association, October 2007, Oklahoma City; October 2008, Salt Lake City; October 2009, Denver; October 2012, Denver.
FORUM, National Association for Preservation Commissions, July 2006, Baltimore.
American Society for Environmental History: March 2008, Boise; March 2006, St. Paul; March 2000, Seattle;
April 1999, Tucson; March 1995, Las Vegas.
California Committee for the Promotion of History, October 1995, Sacramento.
Professional Affiliations American History Association, American Society for Environmental History, Western History Association,
Western Association of Women Historians, National Council on Public History, Coordinating Council on
Women in History, Mining History Association
Publications and Other Scholarly Works "From Ardtive to Evidence: Historians and Natural Resource Litigation," The Public Historian Vol. 37, No. 1
(February 2015): 68-87.
Voices of Courage: Champions of Excellence: The Story of the Idaho Education Association since 1892.
(SweetGrass Publishers, 2012). A project completed on behalf of the Idaho Education Association.
"Feminizing Portland, Oregon: A History of the League of Women Voters in the Postwar Era, 1950-1975," in
Breaking the Wave: Women, Thefr Organizations, and Feminism, 1945-1985 (Routledge: 2010).
Forthcoming: Women, Bulldozers, and the West: Early Environmentalism in Western Cities, 1950-1975.
{Under Contract with University of California Press.)
"One State's Challenge to the National Defense Effort: Oregon, Fish, and the Feds, 1949-1953." Partial
fulfillment for Ph. O.
"In Name But Not In Practice: The Role of the Agrarian Myth In Western Water Development and State
Building." Partial fulfillment for M.A. Degree.
"Dam the Progressives: Multi-Purpose River Development, 1900-1914." Partial fulfillment for M.A. Degree.
Book Reviews Ellen Stroud, Nature Next Door: Cities and Trees in the American Northeast (Seattle and London: University
of Washington Press, 2012). Reviewed for The Public Historian, Vol. 36, No. 3 (August 2014): 164-165.
Charles Hummel and Tim Woodward, Quintessential Boise: An Architectural Journey (Boise: Boise State
University, 2010). Idaho Yesterdays, forthcoming.
Rlchard Widick, Trouble In the Forest: California's Redwood Timber Wars (Minneapolis: University of
Minnesota Press, 20091. Reviewed for H-Net and H-California History, July 2010.
William D. Rowley, Reclaiming the Arid West; The Career of Francis G. Newlands (Bloomington and
lndlanapolls: Indiana University Press, 1996), in Journal for the History of Technology (October 1997).
John 0. Baxter, Dividing New Mexico's Waters, 1700-1912 (Albuquerque: University of New Mexico Press,
1997), in The Western Historical Quarterly (Summer 1998).
B(Page
Deposition Testimony
2014: Shoshone-Bannock Tribes Land Use Department and Fort Hall Business Council vs. FMC Corporation (C-06s 0069, C-07-0017, C-07-0035}
2013: Cvprus Amax Minerals Company v. TCI Pacific Communications and CBS Operations, Inc. (11-CV-252-JED-PJC,
Federal District Court, N.D. Okla)
2011: Joseph A. Pakootas, et al v. Teck Cominco Metals, Ltd. (453 F3d 1066)
2008: Ada County Highway District v. Settlers Irrigation District (CV-OC-0605904, 4111 Judicial District Court, State of Idaho)
2008: Pioneer Irrigation District v. City of Coldwell (CV-08-556-C, 3rd Judicial District Court, State of Idaho)
Trial Testimony
April 2014: Shoshone-Bannock Tribes Land User Deportment and Fort Hall Business Caundl vs. FMC Corporation (C-
06-D069, C-07-0017, C-07-0035)
October 2011: City of Baker City, OR v. United States of America, et al {Clvll No 2:08-cv-717-SU, U.S. District Court,
Unnecl su,111 O.C,1"m•11t olttlt tnttrior, But .. u fJf Rldam..ttOn. 8GtM Pro,-ct ld1ho. CGnl1'11d •h s.eutn trf1&1don DktrKtmncemln&mnstructton ot AnNNon ••n<JI rnerow and rNttd mitten
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