Law Seminars International Presents: The Eighteenth Annual Conference on

Washington Water Law 2009
New and Evolving Policy Priorities, Rules and Litigation

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



June 4 & 5, 2009
Washington State Convention and Trade Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, environmental and real estate professionals, corporate managers, governmental officials, tribal representatives, resource managers and planners

Why Order

The legal, policy and environmental landscape for Washington water law continues to evolve. Building on prior years' Washington Water Law conferences, we will explore current policy priorities in Olympia, new developments in the municipal water law litigation, initiatives relating to exempt groundwater wells, current issues in water marketing and transfers, and recent developments in the legislature, the courts, and the Pollution Control Hearings Board.

This conference brings together experts from a variety of perspectives and disciplines to share their experiences, challenges, and success stories regarding this evolving landscape, as well as other pressing issues. The program also includes critical updates and thought-provoking discussions for water law practitioners, water users and resource managers.

~Program Co-Chairs: Kathryn L. Gerla, Esq. and Sarah E. Mack, Esq.

What You Will Learn



Agenda

Thursday, June 04, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Kathryn L. Gerla, Esq., Program Co-Chair
Seattle City Attorney's Office / Seattle, WA

Sarah E. Mack, Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA

 
8:45 am

Special Opening Address: The Department of Ecology's Water Resources Policy Agenda for the Coming Year

Jay J. Manning, Esq., Director
Washington State Department of Ecology / Olympia, WA

 
9:30 am

Legislative Update

Ecology's water banking and adjudication bills; other legislative proposals; what passed and what did not pass

Kathleen Collins, Government Relations Consultant
Capitol Strategies / Olympia, WA

 
10:00 am

Break

 
10:15 am

Municipal Water Law Litigation and Policy

Municipal water law litigation: Overview of the Superior Court decision and parties' arguments in the Supreme Court

Kathryn L. Gerla, Esq., Program Co-Chair
Seattle City Attorney's Office / Seattle, WA

Ecology's interim policy guidance on municipal water rights: policy impetus and anticipated consequences

Clifford D. (Doug) Rushton, Policy Analyst, Water Resources Program
Washington State Department of Ecology / Olympia, WA

Plaintiffs' and water purveyors' perspectives

Adam W. Gravley, Esq.
GordonDerr LLP / Seattle, WA

Janette Brimmer, Esq., Staff Attorney
Earthjustice / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Exempt Wells Seven Years After Campbell & Gwinn

Historical origins of the groundwater permit exemption; background of Ecology v. Campbell & Gwinn; current issues in domestic and stockwater consumption; the Easterday Ranches controversy

Jeff B. Kray, Esq.
Marten Law Group / Seattle, WA

Ecology's Kittitas exempt well rule and its approach to implementation of Campbell and Gwinn

Brian V. Faller, Esq., Assistant Attorney General, Ecology Division
Washington State Office of the Attorney General / Olympia, WA

Developers' perspectives on exempt wells and domestic water supply

Bill Clarke, Esq.
Attorney at Law / Olympia, WA

 
3:15 pm

Break

 
3:30 pm

Knight v. City of Yelm: Water Availability and Ecology's Role in Local Land Use Decision Making

Overview of the case and the underlying issues: How should water availability be determined and who should decide?

Richard L. Settle, Esq.
Foster Pepper PLLC / Seattle, WA

 
4:15 pm

Water Rights Case Law Update

Pollution Control Hearings Board: Recent decisions and pending cases to watch

Kathleen D. Mix, Esq., Chair
Washington State Environmental Hearings Office / Lacey, WA

Superior and Appellate Courts: Recent judicial decisions and pending cases to watch

Alan M. Reichman, Esq., Assistant Attorney General, Ecology Division
Washington State Office of the Attorney General / Olympia, WA

 
5:30 pm

Continue the Exchange of Ideas: Reception for Faculty & Attendees Sponsored by Tupper Mack Brower PLLC

 

Friday, June 05, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Kathryn L. Gerla, Esq., Program Co-Chair
Seattle City Attorney's Office / Seattle, WA

Sarah E. Mack, Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA

 
8:45 am

Water Marketing and Transfers

Water markets in the Western United States: Overview and examples of what is and is not working

Georgina A. Moreno, Ph.D., Economist
Analysis Group, Inc. / Los Angeles, CA

The role of relinquishment in water right transfers: Statutory forfeiture, excuses, and exemptions

Sarah E. Mack, Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA

Acquisition of water rights through condemnation: Case study of the Olympia Brewery litigation

Marisa Velling Lindell, Esq.
Graham & Dunn PC / Seattle, WA

 
10:15 am

Break

 
10:30 am

How Should the Laws Governing Water Right Transfers Be Changed?

Several panelists share their different perspectives on necessary changes to the laws and rules

Clay Landry, Managing Director and Principal
WestWater Research LLC / Vancouver, WA

M. Patrick Williams, Esq., Staff Attorney
Center for Environmental Law & Policy / Seattle, WA

David Monthie, Esq., Regional Water Policy Analyst
King County Department of Natural Resources and Parks / Seattle, WA

Peter H. Dykstra, Esq., Washington State Director
The Trust for Public Land / Seattle, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Innovative Approaches to Trust Water Right Transactions

The role of nonprofits in water banking, leasing programs, and other water management alternatives

Susan Adams, Executive Director
Washington Water Trust / Seattle, WA

Peter Dykstra, Esq., Project Manager
Washington Water Trust / Seattle, WA

 
2:30 pm

Ethical Issues for Lawyers in Water Rights Litigation and Transactions

Terese (T.C.) Neu Richmond, Esq.
GordonDerr LLP / Seattle, WA

 
3:30 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 12.25 WA CLE credits including 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $1005. The binder or searchable CD of the written course materials is available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Kathryn L. Gerla, Program Co-Chair, is an Assistant City Attorney with the Seattle City Attorney's Office, practices environmental law. Previously, she was a member at Foster Pepper PLLC, and a Senior Assistant Attorney General with the State Attorney General's Office where she represented the Department of Ecology and Natural Resources.

Sarah E. Mack, Program Co-Chair, partner at Tupper Mack Brower PLLC, focuses on land use, natural resources and environmental law, with an emphasis on project permitting and environmental review, water rights, and administrative and judicial appeals. She was named a "Super Lawyer" by WA Law & Politics.

Jay J. Manning, Special Address, is Director of the Washington State Department of Ecology. Previously in private practice, he focused on water resources, water quality, ESA issues, Brownfields redevelopment and environmental cleanup. He was President of the Washington Environmental Council and an Assistant Attorney General, where he was chief counsel for the Washington State Department of Ecology.

Susan Adams, Executive Director at Washington Water Trust, focuses on executive management, policy development, facilitation and negotiation with private, public and nonprofit organizations working on natural resource issues.

Janette Brimmer, Staff Attorney at Earthjustice, focuses on Water Law, Clean Water Act, Endangered Species and Clean Air Act issues.

Bill Clarke, Attorney at Law, former member and Chair of the Pollution Control Hearings Board and Shorelines Hearings Board, practices natural resource, environmental and land use law and advises private, public and non-profit clients in permitting, regulatory matters and appeals.

Kathleen Collins, Government Relations Consultant at Capitol Strategies, provides lobbying and policy development services for private and public clients focusing on water resources.

Peter H. Dykstra, Washington State Director of The Trust for Public Land, leads the conservation efforts across the state. He is also an adjunct faculty member at Seattle University, teaching environmental law and policy, and the Founding Chair of Washington Rivers Conservancy.

Brian V. Faller, Assistant Attorney General in the Ecology Division for the Washington State Office of the Attorney General, focuses on water resource and hydropower licensing issues. He recently argued the exempt withdrawal appeal, Ecology v. Campbell & Gwinn, to the Supreme Court.

Adam W. Gravley, partner at GordonDerr LLP, focuses on water rights and resources and infrastructure needs of business, local government, and individual clients. He was named a "Super Lawyer" by WA Law & Politics.

Jeff B. Kray, partner at Marten Law Group, focuses on water resources, water quality, and environmental, civil and appellate litigation. Previously, he was an Assistant Attorney General with Washington Attorney General's Office. He was named a "Super Lawyer" by WA Law & Politics.

Clay Landry, Managing Director and Principal at WestWater Research LLC, negotiates and advises on major water transactions throughout the U.S.

Marisa Velling Lindell, shareholder at Graham & Dunn PC and member of the Condemnation Team, represents governmental agencies, property owners and lenders involved in condemnation and relocation actions.

Kathleen D. Mix, Chair of the WA State Environmental Hearings Board, is on the board of the Pollution Control Hearings Board, Shorelines Hearings Board and Environmental and Land Use Hearings Board. Previously, she was Chief Deputy Attorney General for Attorney General Chris Gregoire.

David Monthie is Regional Water Policy Analyst in the Regional Water Unit of the Office of the Director of King County Department of Natural Resources and Parks. He has helped develop and implement King County policies on a variety of water resource management issues.

Georgina A. Moreno, Ph.D., Economist at Analysis Group, Inc., specializes in the application of economic and statistical principals to litigation, regulation, and business matters. Her experience includes economic evaluation, assessments of economic damages, and public policy analysis, with a specialization in environmental issues, particularly water resources and land use.

Alan M. Reichman, Assistant Attorney General in the Ecology Division of the Washington State Office of the Attorney General, is section manager for the Water Resources Section and lead counsel to the Department of Ecology's Water Resources Program.

Terese (T.C.) Richmond is a partner at GordonDerr LLP, where her practice focuses on environmental law, land use and water law, with an emphasis on policy. She previously served as an Assistant Attorney General for UW; Chief Counsel to the Arizona Department of Water Resources; Senior Deputy Prosecuting Attorney for King County; and as a Special Assistant to the Governor Gardner.

Clifford D. (Doug) Rushton is Ecology's Water Resources Program senior planning and policy lead. He led development of Ecology's implementation of the 2003 municipal water law and the co-management agreement with the Department of Health. He is staff lead for the MWL litigation.

Richard L. Settle, of counsel at Foster Pepper PLLC, focuses on land use, environmental and municipal law and represents landowners, municipalities and citizen groups. He is Professor Emeritus at Seattle University School of Law, where he teaches land use, environmental, real property, and tort law.

M. Patrick Williams, Staff Attorney at the Center for Environmental Law & Policy (CELP) focuses on water law and policy. CELP is dedicated to the protection of Washington's waters through education, legislation, and litigation.