By Published: Aug. 8, 2017
Law of the River class

From the depths of the Grand Canyon in 1869, John Wesley Powell, a one-armed Army veteran who led the first successful expedition of the Colorado River, wrote, “[W]e have an unknown distance yet to run, an unknown river to explore.” Powell was in dire straits; he had lost his scientific instruments and most of his food, and unknown perils lay downstream. Nonetheless, Powell’s crew completed the journey and returned with invaluable observations. Today, the river’s geography is mapped to the minutest detail. Yet Powell’s words apply as much in 2017 as they did the day they were penned.

From its headwaters in Rocky Mountain National Park to its now-sandy delta in Mexico, the Colorado River is dotted with dams and diversions, supplying water to upwards of 40 million people across two countries, seven states, and 28 tribal nations. The Colorado River is also the cultural heart of the Southwest, serving as a jaw-dropping recreational paradise and home to many tribes’ sacred sites. That complex background convinced Professor Sarah Krakoff that the legal framework governing the Colorado River could only truly be understood by getting our feet wet. Two years ago, she started planning a class that would culminate in a two-week rafting journey through the heart of the Colorado River, the Grand Canyon.

Last spring, that class became a reality. Seventeen students, including myself, studied the legal and policy issues of the Colorado River region with Professor Krakoff. As we read about the interstate compacts, international agreements, tribal water rights, endangered species issues, and mineral development controversies, we understood that there is an “unknown distance yet to run” to achieve sustainability in the region. Powell’s prophetic words became our unofficial motto.

In addition to studying the river in depth, we fundraised for months. Dean S. James Anaya made a generous matching grant, and we spearheaded an online crowdfunding campaign. We hosted events, wrote letters, and shared our passion for the Colorado River with everyone who would listen. Alice Madden (’89), Zach Miller (’80), and Peter Nichols (’01) joined the trip as alumni sponsors.

On May 15, after a semester of study, we launched at Lee’s Ferry, leaving all cell phones and digital connections behind. During our 14 days in the Grand Canyon, we went to sleep watching shooting stars and woke to bats circling above us at dawn. After breakfast, we geared up for the day’s fearsome rapids. Between epic splash fights, we experienced the places we had read about: the proposed dam site in Marble Canyon; the confluence with the Little Colorado River, a sacred site to several tribal nations; Havasu Creek, the lifeblood of the Havasupai Reservation; side canyons where endangered humpback chub are reintroduced; and countless more. Along the way, Professor Krakoff gave mini-lectures about the places we passed, and our amazing guides from Arizona Raft Adventures taught us geology and river lore. At night, as the sunset danced across the canyon’s towering walls, we took turns sharing our research papers and answering questions. And after surviving the canyon’s last huge rapid at Lava Falls, we let loose at Tequila Beach.

Reflecting on the experience, Stephen Tarnowski (’17) said, “I have never felt this type of connection with a place. This sensation is something I am trying to appreciate, cherish, and carry forward with me in my life.”

“I have never felt this type of connection with a place. This sensation is something I am trying to appreciate, cherish, and carry forward with me in my life.”

For Rachel Dingman (’17), it reminded her that the river is more than the sum of its delivery obligations, but rather a place “with significant historic, ecological, and spiritual value. These qualities are easy for lawyers to forget; being able to experience them firsthand will forever influence my career.”

Voicing another shared sentiment, Emily Ferrel (’17) said, “I am incredibly grateful for the opportunity I had to connect with classmates on a close level, and I’m excited to see what everyone goes on to achieve in their legal careers.”

Our class revealed that the laws and policies governing the Colorado River still have “an unknown distance yet to run.” But just as Powell emerged from the canyon triumphant, so did the 17 of us, and we are eager to carry our experiences forward as the next generation of leaders in natural resources law and policy.

This story originally appeared in the fall 2017 issue of Amicus.