Law Seminars International Presents: A Comprehensive Conference on New Developments in

Tribal Water Law
Indian water rights, claims, settlements, opportunities and challenges

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



October 21 & 22, 2010
Monte Carlo Resort & Casino in Las Vegas, NV

Who Should Order This Homestudy

Attorneys, tribal representatives, governmental officials, business executives, water users and their representatives, engineers and consultants involved with water use issues and project development

Why Order

Throughout Indian Country, there are significant water resources and well-established legal rights to extensive water resources held by Indian Tribes. However, many water rights remain unquantified or are not legally recognized. The federal reserved rights doctrine that recognizes Indian water rights plays out in many different ways, often unique to an Indian reservation location. States have differing perspectives on how to handle Indian water rights. Municipal uses, energy development, environmental needs and increased gaming development on Indian reservations also require water rights and drive the various constituents to resolve Indian water claims.

Under the Obama administration, new federal policies have evolved. This conference seeks to address the federal government's priorities regarding Indian water claims. The time-tested preference for settling Indian water issues will be explored, with an emphasis on new ideas and concepts for Indian water settlements. In addition, regional case studies will be discussed, so that professionals in the Indian water arena can follow the latest events in the southern plains, Missouri and Mississippi River basins, the Southwest, the Northwest and the Great Lakes areas.

You will also hear about hot topics where Indian water law intersects with environmental issues, energy development, land use planning and tribal code development. Don't miss this excellent overview that includes today's legal and policy developments, along with practical strategies and tips to assist attorneys, tribal representatives, agency officials, engineers and consultants navigate Indian water law issues.

~ Program Co-Chairs: Ramsey L. Kropf, Esq. and Daniel S. Press, Esq.,

What You Will Learn



Agenda

Thursday, October 21, 2010

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Ramsey L. Kropf, Esq., Program Co-Chair
Patrick Miller & Kropf, P.C. / Aspen, CO

Daniel S. Press, Esq., Program Co-Chair
Van Ness Feldman / Washington, DC

 
8:45 am

Special Address: Update on Bureau of Reclamation Activities to Assist Tribes with Ecosystem Restoration and Rural Water Projects

Current funding requests and budget allocations for specific projects; technical assistance programs and tips for effective participation

Deanna Archuleta, Deputy Asst. Secretary for Water and Science
U.S. Department of the Interior / Washington, DC

 
9:30 am

Key Cases from a DOI Regional Solicitor's Perspective

Umatilla Tribes' water right claims in Oregon and Washington; Montana General Stream Adjudication, Flathead Reservation; other tribal cases

Duane Mecham, Esq., Senior Attorney, Office of the Regional Solicitor
U.S. Department of the Interior / Portland, OR

 
10:15 am

Break

 
10:30 am

Update on Water Right Settlements Activity and New Ideas for Pending Settlements

Update on recent water rights settlements under the Omnibus Public Lands Management Act (Aamodt; Taos Pueblo, Crow Tribe; White Mountain Apache Tribe; Spokane Tribe); Klamath settlement and opposition from other tribes; new ideas for pending settlements

Christopher L. Kenney, Consultant
Kenney and Associates / Roff, OK

Insights from participation in the Southern Ute Tribe's settlement with Colorado

Scott B. McElroy, Esq.
McElroy, Meyer, Walker & Condon, P.C. / Boulder, CO

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Regional Issues: Differences and Commonalities

Southern Plains: Status of tribal water claims; Apache filing for declaration of water rights; Cherokee water quality litigation; out of state water marketing; Five Tribes Theory for water rights; Indian allotments and water rights

Ramsey L. Kropf, Esq., Program Co-Chair
Patrick Miller & Kropf, P.C. / Aspen, CO

Missouri River Ecosystem Restoration Plan (MRERP) and settlement modifications: Processes and obstacles to tribal participation; problems with the focus on species and ecosystem recovery; relationship to the Missouri River Authorized Purposes Study

Daniel S. Press, Esq., Program Co-Chair
Van Ness Feldman / Washington, DC

Southwest: Effluent use on the San Francisco Peaks: Status report on litigation; issuance of Forest Service permits; use of reclaimed wastewater for snowmaking in Arizona Snowbowl Ski Resort; water quality concerns and Native American religious rights

Lee A. Storey, Esq.
Ballard Spahr LLP / Phoenix, AZ

Pacific NW: Litigation over municipal water rights; Attorney General's opinion on limits for stock watering exemption; adjudication of Spokane River water rights; role of Confederated Tribes of Colville Reservation in Pakootas v. Teck Cominco Metals Ltd.

Richard Du Bey, Esq.
Short Cressman & Burgess PLLC / Seattle, WA

Jennifer Sanscrainte, Esq.
Short Cressman & Burgess PLLC / Seattle, WA

 
3:15 pm

Tribal Water Development and Use at Tribal Facilities

Innovative approaches for recycling, reuse, and conservation from around the country

Ken Royse, P.E., Director
Bartlett & West / Bismarck, ND

 
3:30 pm

Break

 
4:00 pm

The Intersection of Tribal Water Treaty Rights and Environmental Protection Laws

Non-tribal activities with an impact on tribal resources (e.g. United States v. Washington culvert sub-proceeding case); permitting issues and processes for tribal water projects

Matthew A. Love, Esq.
Van Ness Feldman / Seattle, WA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Patrick Miller & Kropf, P.C. and Van Ness Feldman

 

Friday, October 22, 2010

8:00 am

Continental Breakfast

 
8:30 am

Introduction and Overview

Ramsey L. Kropf, Esq., Program Co-Chair
Patrick Miller & Kropf, P.C. / Aspen, CO

Daniel S. Press, Esq., Program Co-Chair
Van Ness Feldman / Washington, DC

 
8:45 am

Special Opening Address: Water as a Component of the DOI's Overall Tribal Policy Priorities

Alletta Belin, Esq., Special Address, Counselor to the Deputy Secretary
U.S. Department of the Interior / Washington, DC

 
9:30 am

State Water Planning and Tribal Water Goals

Working towards more effective processes for broadly supported public solutions

Tracy Hartzler-Toon, Esq., Staff Attorney
New Mexico Interstate Stream Commission / Santa Fe, NM

The Navajo Nation New Mexico Water Rights Settlement Agreement; how it fits into Interstate Compact obligations and affect on other water users in the basin

Stanley M. Pollack, Esq., Asst. Attorney General, Water Rights Unit
Navajo Nation Department of Justice / Window Rock, AZ

 
10:45 am

Break

 
11:00 am

Energy Development and Water Planning in Indian Country

Renewable energy and water planning; mitigation agreements between tribes and energy companies

Jeanne S. Whiteing, Esq.
Attorney at Law / Boulder, CO

Case study of the Columbia River Hydro Plan: The system; history of litigation; key tribal issues; recent settlement with Columbia Basin Tribes and states

John W. Ogan, Esq.
Karnopp Petersen LLP / Bend, OR

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Regional Issues: Differences and Commonalities

Missouri River Ecosystem Restoration Plan (MRERP) and settlement modifications: A tribal perspective on Midwest Indian water rights

Marvin Danks, Director of Public Works
Three Affiliated Tribes / New Town, ND

 
2:15 pm

Developing Tribal Water Codes

Big Horn Decree; guidelines for use of tribal water; differences between tribal and state law; Shoshone and Arapaho Tribes Water Code

Andrew W. Baldwin
Baldwin, Crocker & Rudd, P.C. / Lander, WY

Orville St. Clair, Business Council Member
Eastern Shoshone Tribe / Fort Washakie, WY

 
3:00 pm

Fresh Ideas for Resolving Tribal Water Disputes: How to Save Time, Money, and Emotional Capital

The Hon. Vickie L. Gabin, Esq., Special Master
United States District Court / Albuquerque, NM

Steven C. Moore, Esq., Senior Staff Attorney
Native American Rights Fund / Boulder, CO

Stephen J. McHugh, Esq.
Holland & Knight LLP / Washington, DC

 
4:15 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 11.75 NV CLE credits. 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 course materials (either a binder or searchable CD), is available for $1005. The course materials alone are 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

Ramsey L. Kropf, Program Co-Chair, shareholder, Patrick Miller & Kropf, P.C., focuses on water resources law, including Indian water and Indian allottee issues. Clients include municipalities, developers, home owners' associations, special districts, non-profit organizations, mineral companies and other water users. She is Special Master for the Fifth Judicial District Court in Wyoming's Big Horn River General Ajudication.
Full bio and contact info for Ramsey L. Kropf at Patrick Miller & Kropf, P.C.

Daniel S. Press, Program Co-Chair, partner and head of Van Ness Feldman's Native American practice group, focuses on all areas of Indian law including energy, land, health, business development, education, agriculture, trust funds and assets, employment and labor law, and environmental remediation. He also represents companies engaged in business with tribes with an emphasis on energy companies.
Full bio and contact info for Daniel S. Press at Van Ness Feldman

Deanna Archuleta, Deputy Assistant Secretary for Water and Science in the Department of the Interior, works with the Assistant Secretary to oversee the Bureau of Reclamation and the U.S. Geological Survey.

Alletta Belin, Special Address, Counselor to the Deputy Secretary, U.S. Department of the Interior (DOI), is Chairman of the Working Group on Indian Water Settlements and works with the Indian Water Rights Office and all U.S. DOI agencies to negotiate and implement settlements of Indian water rights claims. Previously, she represented Indian tribes, state and local governmental entities, and other organizations on natural resource, water, energy and other issues.

Andrew W. Baldwin, senior shareholder, Baldwin, Crocker & Rudd, P.C., represents Indian tribes and interests in gaming, taxation, civil rights and natural resource issues.

Marvin Danks, Director of Public Works, Three Affiliated Tribes, is instrumental in the planning and construction of a reservation-wide water supply and delivery system and is a key member of tribal water rights and quantification efforts. His office oversees development of tribal water permitting policy.

Richard Du Bey, partner, chair of Environmental and Natural Resources Practice Section and chair of the Tribal Practice Group, Short Cressman & Burgess PLLC, focuses on environmental regulation, water and natural resource law, Indian law, administrative law and inter-governmental negotiations.
Full bio and contact info for Richard Du Bey at Short Cressman & Burgess PLLC

The Hon. Vickie L. Gabin is a Special Master for four water rights adjudications in the U.S. District Court, New Mexico.

Tracy Hartzler-Toon, Staff Attorney, New Mexico Interstate Stream Commission, focuses on state water planning matters and select compact issues. Previously, she was counsel on Indian affairs to U.S. Senate Marjority Leader, Harry Reid, staffing the Majority Leader on Nevada's tribal water settlements and those pending in Congress, and has represented tribes while practicing law at a national Indian law firm.

Christopher L. Kenney, of Kenney and Associates, is a consultant to Indian tribes and non-Indian water users on Indian water rights. Previously, he was Director of Native American Affairs for the Bureau of Reclamation.

Matthew A. Love, partner at Van Ness Feldman, focuses on natural resource and environmental law pertaining to the Clean Water Act, Endangered Species Act, Federal Power Act, and Indian law.
Full bio and contact info for Matthew A. Love at Van Ness Feldman

Scott B. McElroy, partner at McElroy, Meyer, Walker & Condon, P.C., focuses on representaton of Indian tribes and litigation and negotiation of natural resource and jursidictional disputes. Previously, he was an attorney with the U.S. Department of Justice, DOI and the Native American Rights Fund.

Stephen J. McHugh, senior counsel at Holland & Knight LLP and member of the Indian Law Practice Group, represents Indian tribes in land and water claims, and prosecutes breach of trust claims against the U.S..
Full bio and contact info for Stephen J. McHugh at Holland & Knight LLP

Duane Mecham is a Senior Attorney with the U.S. Department of the Interior, Regional Office of the Solicitor. He provides legal advice to several Interior agencies in water rights and fish recovery matters and is chair of several federal negotiation teams addressing tribal water issues.

Steven C. Moore, Senior Staff Attorney at Native American Rights Fund, focuses on implied Indian reserved water rights and water rights litigation and settlements. He represented the Nez Perce Tribe of Idaho in the Snake River Basin Adjudication and the Tribe's 2004-2005 comprehensive water rights settlement.

John W. Ogan, partner at Karnopp Petersen LLP, focuses on federal Indian and tribal law. He represents the Confederated Tribes of the Warm Springs Reservation and is involved in its natural resources and Treaty fishing matters.
Full bio and contact info for John W. Ogan at Karnopp Petersen LLP

Stanley M. Pollack, Assistant Attorney General, Water Rights Unit, Navajo Nation Department of Justice, represents the Navajo Nation in all matters affecting the tribe`s water resources, including five general stream adjudications, and in other water rights matters in Arizona, New Mexico and Utah. He negotiated the Navajo Nation San Juan River in New Mexico Water Rights Settlement recently approved by Congress and is involved in Colorado River negotiations in the Lower Basin in Arizona and Upper Basin in Utah.

Ken Royse, P.E.is Director of Bartlett & West, a multidiscipline and full service engineering firm. He oversees water development projects, assisting tribes with regulatory and governmental programs, including water permitting, codes, rights and funding soliciation for projects.

Jennifer Sanscrainte, Short Cressman & Burgess PLLC, focuses on environmental, federal Indian and municipal law, with special emphasis on water law, hazardous waste cleanups and environmental insurance claims.

Orville St. Clair, Business Council Member of Eastern Shoshone Tribe, focuses on Indian water rights issues. He is principal owner of Wind River Associates.

Lee A. Storey, partner in the Litigation Department and member of the P3/Infrastructure, Water Rights, and Environmental Groups and the Climate Change and Sustainability Initiative, Ballard Spahr LLP, leads the water law practice. She is listed in Chambers USA.
Full bio and contact info for Lee A. Storey at Ballard Spahr LLP

Jeanne S. Whiteing, Attorney at Law, represents Indian tribes and tribal entitites, focusing on natural resources law, Indian water rights, land claims, and jurisdictional and tax issues.