March 11, 2019

Conference Materials

View Speaker and Moderator Bios here.

Special: Complimentary Single Copy of Adjudicating Groundwater: A Judge’s Guide to Understanding Groundwater and Modeling

For additional copies visit this link.

Tuesday, March 26, 2019

8:15 am – 9:30 am
East, West, Colorado, and the Colorado River

Moderator:
Bennett L. Bearden, Chief of Staff, Special Assistant to the State Geologist, Geological Survey of Alabama, and Associate Research Professor, The University of Alabama, Tuscaloosa, AL

Speakers:
Robert “Bo” Abrams, Professor of Law, Florida A&M University College of Law, Orlando, FL
Water Law 101: The Grand Overview Riparianism and Regulated Riparianism, Prior Appropriation, And Groundwater Doctrines

Jennifer Crandell, Special Counsel Attorney General of Nevada, Colorado River Commission of Nevada, Las Vegas, NV
Flexible Water Management Strategies Within A Fixed Legal Framework

Slidedeck

Sarah Klahn, Somach, Simmons, and Dunn, Denver, CO
Water Law 101: Adjudication and Administration of Prior Appropriative Water Rights
Slidedeck


9:45 am – 11:00 am
Interstate Disputes/U.S. Supreme Court Case Update

Moderator:
Greg Hobbs, Senior Water Judge, Colorado Courts, Denver, CO
Delph Carpenter’s Interstate Water Trials and Tribulations Led to the Water Compact Era
Slidedeck

Speaker:
Heather Elliott, University of Alabama School of Law, Tuscaloosa, AL
The Court’s Original Jurisdiction Doctrine Discriminates Against Downstream States
Slidedeck

Sandra Zellmer, Professor, University of Montana School of Law, Missoula, MT
Pervasive Federal Involvement in Interstate Water Management But Few Federal Hooks for Supreme Court Resolution
Slidedeck

11:15 am – 12:30 pm
The Culverts Case: Interference with Tribal Fishing Rights by Government Stormwater Diversion and Treatment Systems

Moderator:
Ilene Munk, Foley & Mansfield, Portland, OR

Speaker:
Jay Geck, Deputy Solicitor General, Washington, Office of the Attorney General, Olympia, WA
When Do Treaty Fishing Rights Compel Habitat Restoration and What Can We Learn from Washington v. United States?

Cassie Phillips, Director, Private Environmental Governance Initiative, Environmental Law Institute, Washington, DC
Washington’s Forests & Fish Agreement: A Different Approach to Tribal Fishing Rights
Slidedeck

Ann E. Tweedy, Attorney, Muckleshoot Indian Tribe Legal Department, Auburn, WA
The Use of Historical Law in Treaty Rights Cases
Slidedeck (jointly created with Jay Geck)

2:00 pm – 3:15 pm
Impacts to Freshwater Resources from Drought and Sea Level Rise

Moderator:
Robin K. Craig, James I. Farr Presidential Endowed Professor of Law, University of Utah S.J. Quinney College of Law, Salt Lake City, UT
Legal Aspects of Drought, Sea-Level Rise, and Water Supply in the United States
Slidedeck

Speaker:
Greg Bengtson, Clark, Mize & Linville, Chtd, Salina, KS
Responding to Drought in Kansas: How Municipal and Agricultural Interests Came Together to Implement the Lower Smoky Hill River Water Supply Access Program
Slidedeck

Michael Sklash, Senior Hydrogeologist, Dragun Corporation, Farmington Hills, MI
A Primer on the Impacts of Drought and Sea Level Rise on Groundwater
Slidedeck

3:45 pm – 5:00 pm
Walker River/Walker Lake Litigation: The Public Trust Doctrine in Nevada

Moderator:
Barbara Cosens, University Distinguished Professor, University of Idaho College of Law, Moscow, ID

Speaker:
Gordon DePaoli, Woodburn & Wedge, Reno, NV
The Walker River—Walker Lake Litigation the Public Trust Doctrine in Nevada

Lisa Heki, U.S. Fish & Wildlife Service, Gardnerville, NV
Walker Lake Ecosystem: Summary of Research and Monitoring 2006-2013

Simeon Herskovits, Advocates for Community & Environment, Taos, NM
The Need for and Propriety of Enforcing the Public Trust Doctrine to Save Walker Lake

Wednesday, March 27, 2019

8:00 am – 9:15 am
Litigating, Negotiating, and Implementing Tribal Water Rights in the United States

Moderator:
Jeanne Whiteing, Whiteing Law, Boulder, CO

Speaker:
M. Alexander Pearl, Professor, Director of the Center for Water Law and Policy, Texas Tech University School of Law, Lubbock, TX

Stanley Pollack, Contract Attorney, Water Rights Unit, Navajo Nation Department of Justice, Window Rock, AZ
The Navajo San Juan River Settlement – Challenging the Assumption that Settlements Save Time and Money

Vanessa Ray-Hodge, Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, NM
Coeur d’Alene Tribe v. State of Idaho. Case No. 45383-2017 (Id. Sup. Ct.)

9:30 am – 10:45 am
NPDES Permits for Discharges Carried by Groundwater: Is That a Thing?

Moderator:
Marcia Greenblatt, Integral Consulting, Inc., Louisville, CO

Speaker:
John Fognani, Hayes and Boone, LLP, Denver, CO

Frank Holleman, Southern Environmental Law Center, Chapel Hill, NC
Surface Water Pollution Carried by Groundwater
Slide Deck

11:00 am – 12:30 pm
ETHICS: The Attorney-Client Privilege in the Twitter Era

The Water Lawyer and the Web: Lawyer-Client Relationships in an Age of Social Media and Cyber-Insecurity
Slidedeck

 

Speaker:
Kevin Kinnear, Porzak Browning & Bushong LLP, Boulder, CO
Heather Welles, O'Melveny & Myers LLP, Los Angeles, CA

Non-CLE Course Materials
Special Masters Keynote

Guidelines on the Appointment and Use of Special Masters in Federal and State Civil Litigation