27th Annual Water Law Conference: Change in the Midst by fsb96139


									      American Bar Association
      Section of Environment, Energy, and Resources • Water Resources Committee

27th Annual Water
Law Conference
Change in the Midst of Constants:
Adapting Water Law to Meet
New Demands
February 18–20, 2009
Hotel Del Coronado, San Diego, California

• Keynote presentation by the Honorable Gary King,
  Attorney General of the State of New Mexico
• Owen Olpin, Former Farr Professor of Law at the
  University of Utah, and Special Master overseeing
  Nebraska v. Wyoming
• Thomas A. Zlaket, Former Chief Justice of the Arizona
  Supreme Court
• Project perspectives from participants from some
  of the largest, global, and fully integrated engineering
  and technical services firms
• Presentations by representatives of the U.S. Department
  of the Interior, Federal Energy Regulatory Commission,
  and Bureau of Reclamation
• Insights from leading lawyers and academics practicing
  and teaching in adapting water law to meet new challenges
• Presentations by representatives of leading land
  and water trusts working to protect and preserve
  an environmental heritage
About the
The 27th Annual Water Law Conference will focus on change and adaptation at a
time when diverse demands on water resources are straining both the availability
of this precious resource, and the ways in which established water law can flex to meet
changing needs. The conference will focus on changing operations, balancing competing
demands, and the legal, technical, and public policy tools available to meet challenges
of increased demands on water, water scarcity, and climatic shifts.

There will be four principal focuses at the conference. First, there will be a focus on
the re-balancing underway in water law, including defining and delineating the scope
of water rights. This will include an in-depth discussion of the negotiation, structure,
and implementation of interstate compacts, and the reaches of federal reserved water
rights for Indian tribes and federal agencies and how those rights may be applied to
groundwater resources. Another focus will be on changes occurring in surface and
groundwater management through presentations covering reservoir operations, aquifer
storage and recovery techniques, and the effects of the EPA’s NPDES Water Transfers
Rule. A third focus will be on adapting to the consequences of climatic change and
the increasing competing demands for water resources. This will include panels on
the interplay between water and energy, the use of private water trusts to address
environmental needs, and the national and global need for innovation and adaptation
to address changed climatic conditions and increasing demands during a time of great
public deficits. Finally, throughout the conference, there will be a focus on practical
legal skills, including a panel addressing the best utilization of experts and consultants.

As in past years, the conference will provide two early morning panels. The first
will be a continuation of the series on water law fundamentals, focusing this year
on groundwater basics. The second morning panel will address ethical considerations
in water law practice and the limits of zealous advocacy.

Who Should Attend
The program is targeted towards lawyers, engineers, policy makers, and water managers with
interest in the protection, development, and allocation of water rights and water resources,
or those who participate in the management of surface and groundwater resources. It will be
of value to all persons involved in water right issues, including those with private, municipal,
agricultural, and tribal water rights. The conference is open to any interested persons, and is
not limited to lawyers.

About the ABA Section                          About the Water Resources Committee
of Environment, Energy,                        The Water Resources Committee focuses primarily
and Resources                                  on substantive and practice developments that impact
The mission of the Section of Environment,     water allocation and availability. These fall into a broad
Energy, and Resources is the premier           spectrum of subject areas, including state water law;
forum for lawyers working in areas related     federal and tribal water law; issues arising under the
to environmental law, natural resources        Endangered Species Act and the Clean Water Act;
law, and energy law. It represents more        interstate allocation of water; the Public Trust Doctrine;
than 11,000 members with a wide range          reserved water rights; state, local, and municipal
of professional interests. The Section         planning of water supplies; and federal reclamation
is committed to providing members with         law. The committee provides information to its members
opportunities to enhance professional          through several means, including the Annual Water
skills, stay on top of current developments,   Law Conference, the Committee newsletter, brown bag
and dialogue in these substantive              programs and other forms of programming not involving
areas. To learn more about Section             formal conferences, solicitation of books and of articles
committees and membership, visit               for Trends and Natural Resources & Environment,
http://www.abanet.org/environ/.                and its contribution to The Year in Review.
   Section Sponsors                      THE PROGRAM
                                         February 18, 2009
                                         • 9:00 a.m. – 12:00 p.m.
                                          Public Service Project: Ocean Outfall
                                          Clean Water Act Waiver and NPDES
                                          Permit Renewal Public Hearing
                                          (offsite, non-CLE)
                                          Join us for a mock public hearing at a local high
                                          school on renewal of the Clean Water Act Section
                                          301(h) Waiver/NPDES permit renewal for the City
                                          of San Diego’s Point Loma Wastewater Treatment
    Program Sponsors                      Plant and Ocean Outfall. During the mock hearing,
                                          students will play the roles of stakeholder and
    Senior Priority Sponsor               interest groups making presentations to the
                                          federal and state agency officials (also played
                                          by students). Each stakeholder and interest group
                                          will be provided with an information package on
                                          a different aspect of the issue. Volunteers will
                                          help the students prepare their presentations.
                                          Transportation and lunch will be provided for
                                          volunteers who participate. If you would like to
       Watershed Sponsor                  volunteer to participate in the project or have
                                          further questions, please contact Francine Ffolkes
               ENTRIX                     at (850) 245-2225 or Francine.Ffolkes@dep.state.fl.us
                                          by January 30, 2009.
     Program Co-Sponsors
          Conference of                  • 6:00 p.m. – 7:30 p.m.
     Western Attorneys General            Welcome Reception
        (http://www.cwagweb.org/)         and Early Registration
   Native American Rights Fund
           (http://www.narf.org/)        Thursday, February 19, 2009
   Western States Water Council          • 7:00 a.m.
                                          Registration and Continental Breakfast

                                         • 7:30 a.m. – 8:55 a.m.
     Program Co-Chairs
                                          Water Law 102: Groundwater Basics
          Elizabeth P. Ewens              An overview of groundwater law and regimes,
   Ellison, Schneider & Harris L.L.P.     and a basic review of technical groundwater issues
            Sacramento, CA                including groundwater-stream water interaction,
                                          overdrafts, and aquifer storage and recovery.
              Paul R. Haik
         Krebsbach & Haik, Ltd.           Robert “Bo” Abrams, Professor, Florida A & M University
            Minneapolis, MN               College of Law, Orlando, FL
                                          David E. Hansen, PhD, P.E., Hansen Allen & Luce, Inc.
                                          Salt Lake City, UT

Registration and                         • 9:00 a.m. – 9:15 a.m.
Receptions (Cash bars)                    Welcome
                                          Claudia Rast, Section Chair, Pear Sperling Eggan &
Welcome Reception                         Daniels, P.C., Ann Arbor, MI
and Early Registration                    Elizabeth P. Ewens, 2009 Water Law Conference Co-
Wednesday, February 18, 2009              Chair, Ellison, Schneider & Harris L.L.P., Sacramento, CA
6:00 p.m. – 7:30 p.m.                     Paul R. Haik, 2009 Water Law Conference Co-Chair,
                                          Krebsbach & Haik, Ltd., Minneapolis, MN
Skip the line at the registration desk
on Thursday morning by checking in
                                         • 9:15 a.m. – 10:30 a.m.
during the Welcome reception.
                                          Plenary Presentation 1:
Reception                                 Interstate Water Law: New
Thursday, February 19, 2009               Compacts and New Approaches
5:00 p.m. – 7:00 p.m.                     Discussion of some of the latest developments in
Network and socialize with meeting        the negotiation, structure, and implementation of
attendees and program speakers
at this evening gathering.
 compacts to address interstate water conflicts       • 1:45 p.m. – 3:15 p.m.
 and water management. Examples will draw
 from recent interstate compacts and conflicts         Breakout Session 1B:
 in both the eastern and western United States.        Opportunities and Obstacles When
 Moderator:                                            Changing Reservoir Operations
 Owen Olpin, Former Farr Professor of Law,             The session will consider both the legal and
 University of Utah, Teasdale, UT
                                                       physical constraints on changing reservoir
 Speakers:                                             operations to meet evolving basin needs
 James C. Brockmann, Stein & Brockmann, P.A.,          and environmental conditions. It also
 Santa Fe, NM                                          will examine opportunities for modifying
 Prof. Noah Hall, Wayne State University Law           operations, within the framework of their
 School, Ann Arbor, MI                                 authorization, to better meet the needs of
                                                       the basin, both human and environmental.
• 10:30 a.m. – 10:45 a.m.                              Moderator:
 Networking Break                                      Kenneth W. Knox, URS Corporation, Denver, CO
• 10:45 a.m. – 12:00 p.m.                              Steve Cone, Army Corps of Engineers,
                                                       Annandale, VA
 Plenary Presentation 2:                               Tim Rameriz, San Francisco Public Utilities
 Water and Energy: Uneasy Alliance                     Commission, San Francisco, CA
                                                       Lisa Vehmas, Water Contracts and Repayment
 Increasing variability in and competing
                                                       Office, Bureau of Reclamation, Denver, CO
 demands upon water supply increase the risk
 of disruption or deficiencies in energy supplies.
 This panel will introduce new approaches             • 3:15 p.m. – 3:30 p.m.
 to problems arising from the interplay and            Networking Break
 interdependence between water and energy.
 Moderator:                                           • 3:30 p.m. – 4:45 p.m.
 Elizabeth Thomas, K&L Gates LLP, Seattle, WA
                                                       Breakout Session 2A:
 Thomas W. Beauduy, Deputy Director & Counsel,         Private Water Trusts: An Emerging
 Susquehanna River Basin Commission, Harrisburg, PA    Force in Water Management
 Kristy A. Niehaus Bulleit, Hunton & Williams,
                                                       This panel will examine the legal and
 Washington, DC
                                                       institutional issues that arise for two types
 Mark Robinson, Director, Office of Energy
                                                       of conservation trusts: land trusts and the
 Projects, Federal Energy Regulatory Commission,
                                                       emerging water trusts. The purpose of this
 Washington, DC
                                                       panel will be to explore legal issues facing
                                                       these organizations as well as to describe
• 12:00 p.m. – 12:30 p.m.                              their roles in the management of surface
 Lunch                                                 and ground water for the protection of
                                                       water quality and species habitat.
• 12:30 p.m. – 1:30 p.m.                               Moderator:
                                                       Darla Guenzler, PhD, Executive Director, California
 Keynote Address:                                      Council of Land Trusts, Sacramento, CA
 Honorable Gary King, Attorney                         Speakers:
 General of New Mexico                                 Amy W. Beatie, Executive Director, Colorado
                                                       Water Trust, Denver, CO
                                                       Konrad Liegel, K&L Gates LLP, Seattle, WA
• 1:45 p.m. – 3:15 p.m.
                                                       Steve Shropshire, Jordan Schrader Ramis PC,
 Breakout Session 1A:                                  Lake Oswego, OR
 Emerging and New Balances in
 Tribal and Federal Water Rights                      • 3:30 p.m. – 4:45 p.m.
 The reserved water rights doctrine, grounded          Breakout Session 2B:
 in Winters v. United States, worked to protect        Practice Skills: Utilization
 priorities in water allocations. This session
 will examine how and when the Winters
                                                       of Experts
 doctrine applies to groundwater and the               This panel explores issues in three areas
 reaches of federal reserved water rights              of expert testimony common to water cases:
 for Indian tribes and federal agencies.               groundwater modeling, the “practicably
                                                       irrigable acres” standard for quantifying
                                                       tribal reserved water rights, and economic
 Prof. Robert Anderson, University of Washington
                                                       issues in evaluating water rights. The
 School of Law, Seattle, WA
                                                       presenters will discuss the basics of their
 Speakers:                                             field of expertise and how they have been
 Scott Bergstrom, Division of Indian Affairs, U.S.     successfully (or unsuccessfully) used in
 Department of the Interior, Washington, DC            litigation.
 Jeremy Jungreis, Nossaman LLP, Irvine, CA
 Jeanne S. Whiteing, Whiteing and Smith,
                                                       Elizabeth Hendricks Schmiesing, Faegre &
 Boulder, CO
                                                       Benson, Minneapolis, MN
 Speakers:                                    • 10:00 a.m. – 11:00 a.m.
 Gene Franzoy, Franzoy Consulting, Inc.,
 Peoria, AZ                                    Plenary Presentation 4:
 David Huntley, Department of Geological       Innovation and Adaptation
 Sciences, San Diego State University, San     Amidst Climate Change
 Diego, CA
 David L. Sunding, Department of               and Public Deficits
 Agricultural and Resource Economics,          This panel will address ways of
 University of California, Berkeley, CA        integrating science and engineering to
                                               develop solutions for technically complex
• 5:00 p.m. – 7:00 p.m.                        and politically sensitive water resources
                                               conflicts at a time when there is greater
 Reception                                     urgency surrounding water resources
                                               due to climatic change and limited public
Friday,                                        funds due to increasing public deficits.
February 20, 2009                              Alf W. Brandt, Principal Consultant,
                                               Assembly Committee on Water, Parks
• 7:00 a.m.                                    & Wildlife, Sacramento, CA
 Continental Breakfast                         Speakers:
                                               Prof. Daniel Farber, UC Berkeley School
• 7:30 a.m. – 8:30 a.m.                        of Law, Berkeley, CA
                                               Peter Hughes, CH2M Hill, Denver, CO
 Carboramus Illigitamatos:
 Are there Limits to                          • 11:00 a.m. – 12:00 p.m.
 Zealous Advocacy?                             Plenary Presentation 5:
 In complex water adjudications, the
                                               Aquifer Storage and Recovery
 various interests battle to control a
 resource that must somehow be shared.         Aquifer storage and recovery (ASR)
 This panel will address whether the           is an increasingly referenced but little
 complexity, longevity, cost, and public       understood method of addressing
 interest in water disputes lead to            fluctuating supplies, thermal impacts,
 ethical limitations on zealous                and climate change. This panel will
 advocacy, particularly in litigation.         address highlights of the range of
                                               applications and regulatory hurdles
                                               associated with ASR.
 John Utton, Sheehan, Sheehan & Stelzner,
 PA, Albuquerque, NM                           Moderator:
                                               Brian M. Nazarenus, Ryley Carlock &
                                               Applewhite, P.A., Denver, CO
 Thomas A. Zlaket, Former Chief Justice,
 Arizona Supreme Court, Tucson, AZ             Speakers:
                                               Rita P. Maguire, Maguire & Pearce, P.L.L.C.,
                                               Phoenix, AZ
• 8:30 a.m. – 9:45 a.m.                        Daniel B. Stephens, Daniel B. Stephens &
 Plenary Presentation 3:                       Associates, Inc., Albuquerque, NM
 EPA NPDES Transfers Rule
 This guided panel discussion will
                                              • 12:00 p.m. – 12:30 p.m.
 examine critical questions arising            Lunch
 from the EPA’s NPDES Water Transfers
 Rule and associated litigation. The          • 12:30 p.m. – 1:30 p.m.
 panel will offer a range of perspectives
 on this issue, including that of non-         Hot Topics
 governmental organizations, state             Critical to professional development
 and federal regulators, and industry          is the need to keep abreast of new and
 representatives.                              emerging cases, controversies, and “hot
 Moderator:                                    issues” at both the federal and state levels.
 David R.E. Aladjem, Downey Brand LLP,         The Hot Topics presentation will address
 Sacramento, CA                                the latest news and cases affecting water
 Speakers:                                     resources, and is anticipated to include an
                                               update on Riverkeeper v. U.S. Environmental
 Ben Grumbles, U.S. Environmental
 Protection Agency, Washington, DC             Protection Agency (Riverkeeper II), U.S.
                                               Supreme Court (cert. granted); California
 David Guest, EarthJustice, Tallahassee, FL
                                               Bay Delta issues; and recent interstate
 Karen Tachiki, General Counsel,
                                               disputes including South Carolina v. North
 Metropolitan Water District of Southern
 California, Los Angeles, CA                   Carolina and Montana v. Wyoming.
• 9:45 a.m. – 10:00 a.m.                       Daniel A. Tarlock, Chicago-Kent College
                                               of Law, Chicago, IL
 Networking Break                              Thomas C. Jensen, Sonnenschein Nath &
                                               Rosenthal L.L.P., Washington DC
                            27th Annual Water Law Conference
                                            Registration Form
                        Early Registration Deadline: January 9, 2009
                      Register Online! Save time by registering for this meeting online.
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  I cannot attend this program. Please send me the course materials available after the meeting
  at the price of $45 for CD-ROM or $80 for hard copy, which includes postage and handling.
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Lunch events are included in the cost of registration. Both lunches are ticketed                         $25 (suggested)
and require advance sign up in order to participate. Please do not wait until you
arrive at the conference to reserve a ticket, we cannot guarantee availability onsite.                   $___________________
Dietary Restrictions? Please specify: _________________________________________                          Voluntary contribution
Thursday, February 19, 2009                     Friday, February 20, 2009                                to support Section of
I Keynote Address                               I Hot Topics                                             Environment, Energy, and
                                                                                                         Resources Project Support
                                                                                                         Fund. Contributions to the
                                                                                                         FJE are tax deductible to the
Attention ABA Members!                                                                                   full extent allowed by law.
If you are an ABA member but not a member of the Section of Environment,
Energy, and Resources, please note that your conference registration fee
($525 before or on January 9, 2009 or $575 after January 9, 2009) now                                    Carbon Footprint:
includes Section membership time period. Please check the box below to                                   The Section is requesting
indicated you want to take advantage of this offer.                                                      the information below in an
I Yes! Enroll me in the ABA Section of Environment, Energy, and Resources                                effort to track green house
  (free with “Other ABA Membership” registration category)                                               gas emissions as a result of
* ABA membership is a prerequisite of Section membership. If you are not already an ABA                  this Conference. In order to
  member, please call (800) 285-2221. Please note: Free section membership offer only                    have accurate results we ask
  applies to individuals who have not been a member of the Section in the past two years.                that you please answer the
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Online registration is available at http://www.abanet.org/environ/waterlaw/2009/
                                                                                                         Distance from home to San
                                                         Before 1/9/09      After 1/9/09
                                                                                                         Diego? ______miles (one-way)
I   Section Members/Cosponsors                                          $450               $500
                                                                                                         I Plane–from which airport
I   Other ABA Members                                                   $525               $575            did you depart?
I   General Attendance                                                  $555               $605          __________________________
I   Government, Public Interest, Academic                               $290               $340          I Other, please specify:
I   Young Lawyers*                                                      $290               $340          __________________________
I   Law Students                                                        $125               $125
I   Hard Copy Course Materials                                           $80                $80         Return to:
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                                  General Information
Program Course Materials                                    Fee Information
Conference proceedings and related background               Fee covers course materials on CD-ROM, beverage
information will be provided to participants on             breaks, continental breakfasts on Thursday and Friday,
CD-ROM to reduce the environmental impact of the            receptions on Wednesday and Thursday, and lunches
program. For those who would also like to purchase          on Thursday and Friday. Both lunch events are ticketed
a hard copy of the program materials so that it is          and require advanced sign up in order to participate.
available onsite at the meeting, please pre-order on
the registration form for $80.00. Only pre-ordered          Tuition Assistance
copies will be available onsite.                            A limited number of registration fee waivers are
                                                            available for government employees, public interest
Location and Lodging                                        lawyers employed with nonprofits, academics, and
The site of the program is the Hotel Del Coronado,          law students. To apply, send a letter outlining the
1500 Orange Avenue, Coronado, CA. To learn more             basis for your fee waiver request to the Water Law
about the property, visit http://www.hoteldel.com/.         Conference Planning Committee, Attn: Section
A block of rooms has been reserved at the discounted        Registrar, c/o ABA Section of Environment, Energy,
rate of $225 standard single/double occupancy. A            and Resources, 321 N. Clark Street, Chicago, IL 60654.
limited number of rooms are available to government         All requests must be received by January 5, 2009.
employees at the rate of $159. (Government
identification is required for the reduced rate.) Please    Cancellation Policy
be advised that there will be an additional $22 per         Registrants who are unable to attend the conference
day Resort Fee. The cut-off for room reservations at        will receive a refund less a $50 administrative fee
the discounted rate is Tuesday, January 20, 2009. After     if a written cancellation is received by February 4,
that date, rooms can be reserved on a space-available       2009. Cancellations may be faxed to (312) 988-5572,
basis. To reserve a room, call the hotel directly at        attn.: Program Registrar. No refunds will be granted
(800) 468-3533. Be sure to mention the ABA Water            after February 4, 2009. Program fees are not
Law Conference to receive the special rate.                 transferable to other Section or ABA programs.
                                                            Substitutions for the program are acceptable. The
Glorietta Bay Inn                                           ABA reserves the right to cancel any program and
Additional lodging is also available across the             assumes no responsibility for personal expenses.
street from the Hotel Del Coronado at the Glorietta
Bay Inn, 1630 Glorietta Blvd., (800) 283-9383. No           Transportation
rooming block has been established at this hotel            Airfare discounts are available through ABA Online
as meeting attendees are encouraged to make their           Travel, Orbitz for Business or directly from the airline.
lodging reservations at the Hotel Del Coronado.             To access ABA Online Travel, go to http://www.
                                                            abanet.org/mtd/onlinetravel.html. The 24/7 toll-free
Early Registration                                          number for Orbitz for Business is (877) 222-4185.
We request that all registrations be made in advance
                                                            Transportation from the San Diego airport to the
by completing the attached form and mailing it with
                                                            Hotel Del Coronado is available via hotel shuttle for
your payment to the ABA Section of Environment,
                                                            $29 (covering transportation for up to three adults).
Energy, and Resources, Attn.: Water Law Conference,
                                                            If using the hotel shuttle, please call (888) 726-4504
321 N. Clark Street, Chicago, IL 60654. Or save time
                                                            upon arrival at the San Diego airport, approximate
and register online at http://www.abanet.org/environ/
                                                            wait time is 10-15 minutes. Taxi service to the hotel
waterlaw/2009/. The deadline for receipt of early
                                                            is also available and will cost approximately $28.
bird registration is January 9, 2009. The final cutoff
                                                            Attendees may also use the service Cloud Nine
date for all pre-registrations (early bird and late) is
                                                            Super Shuttle, (800) BLUE VAN for $16.00 per person
February 4, 2009. Should you miss the deadline and
                                                            each way. Advance reservations are recommended.
need to register onsite, please call (312) 988-5724 at
                                                            Cloud Nine Super Shuttle is located across the
least 72 hours in advance of the conference to assure
                                                            street from the baggage claim area. You may also
that space is available.
                                                            book online at http://www.supershuttle.com/.
Onsite Registration                                         CLE Credit
Onsite registration will be available beginning at
                                                            CLE accreditation has been requested for
6:00 p.m. on Wednesday, February 18 and then again
                                                            this program from every state with mandatory
at 7:00 a.m., Thursday, February 19. If you plan to
                                                            continuing education requirements for lawyers.
register onsite, you must call (312) 988-5724 at least 72
                                                            Please be aware that each state has its own rules
hours before the conference to confirm that space is
                                                            and regulations, including its definition of “CLE.”
still available. Failure to call in advance may result in
                                                            Check with your state agency for confirmation
not being admitted due to a sold out program. Onsite
                                                            of this program’s approval. Please note: New
registrations will be accepted when accompanied
                                                            York licensed participants are required to sign
by a check, money order, government purchase order,
                                                            in and out on a special attendance sheet at each
or government training form. Visa, MasterCard, and
                                                            session. States with lawyer specialization programs
American Express are also accepted onsite. No
                                                            have not been requested to certify this program.
registration will be accepted without payment.
                                                            Certificates of attendance will be available
                                                            in the registration materials at the program.
Registration Confirmation
In order to be listed in the pre-registration list          Americans with Disabilities Act
distributed at the program, registration must be
                                                            If any special arrangements are required for a
received by February 4, 2009. If you have not received
                                                            disabled individual to attend this program, please
a written confirmation by February 6, 2009, please
                                                            call the Program and Membership Assistant at
call (312) 988-5724 to verify that your registration
                                                            (312) 988-5724 by February 15, 2009.
form and payment were received.
           Section of Environment,    Nonprofit Organization
           Energy, and Resources          U.S. Postage
           321 N. Clark Street                PAID
                                     American Bar Association
           Chicago, IL 60654

27th Annual Water
Law Conference
February 18–20, 2009
The Hotel Del Coronado
San Diego, California
Early Registration Deadline:
January 9, 2009
Housing Deadline:
January 20, 2009

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