Law Seminars International Presents: 21st Annual Comprehensive Conference on

Water Law in Washington
New regulatory, legislative and case law developments

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

August 27 & 28, 2012
Washington State Convention 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 You Should Order

The legal, policy, and environmental landscape for water law in Washington and the Pacific Northwest continues to evolve. Building on prior years' conferences, the Washington Water Law conference will explore current policy priorities in Olympia beginning with an opening address by Maia Bellon, Director of Ecology's Water Resources Program. We will provide a legislative update and discuss litigation developments at all levels, including the Pollution Control Hearings Board and the appellate courts.

Beginning with an optional "Water Law 101" session on the fundamentals of water law, this year's conference will address current issues in municipal water law and water supply, new scientific tools for water resource management, water availability considerations in land use planning, key issues in water rights changes, the intersection of tribal and state authority, the upcoming Columbia River Treaty negotiations, and ongoing controversies involving exempt wells.

Our conference brings together experts from a variety of perspectives and disciplines to share their experiences, challenges and insights regarding the evolving water rights landscape. The program also includes critical updates and thought-provoking discussions for water law practitioners, water users and resource managers.

We hope you can join us in Seattle for a timely, in-depth discussion about water, one of our most critical resources.

~Program Co-Chairs: Adam Gravley, Esq. of Van Ness Feldman GordonDerr and Sarah Mack, Esq., of Tupper Mack Wells PLLC

What You Will Learn


Monday, August 27, 2012

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Adam Gravley, Esq., Program Co-Chair
Van Ness Feldman GordonDerr / Seattle, WA

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

8:45 am

Optional Bootcamp Session: Water Law 101

This pre-conference session will provide participants with a solid grounding in the fundamentals of water law, in order to prepare them for the more sophisticated discussions of the conference panels that follow

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

9:45 am

Opening Address: Policy Priorities for the Water Resources Program

Maia D. Bellon, Water Resources Program Manager
Washington State Department of Ecology / Olympia, WA

10:30 am

Break: Coffee, Tea and Conversation

10:45 am

New Tools in Water Resource Management

Revisions to the Washington Irrigation Guide (WIG); potential impact on water rights permitting and changes

R. Troy Peters, Ph.D., Extension Irrigation Specialist
Washington State University Extension / Prosser, WA

Use of LANDSAT satellite imaging to assess historical water usage

Trevor Hutton, Senior Permit Writer; Office of Columbia River
Washington Dept. of Ecology / Yakima, WA

How Ecology uses the WIG to determine water duty, and extent and validity of irrigation water rights

Daniel R. Haller, Associate Water Resources Engineer
Aspect Consulting LLC / Selah, WA

12:15 pm

Lunch (on your own)

1:30 pm

Water Availability and Land Use Planning: How Water Resources Impact Long-range Planning and Development

Knight v. City of Yelm; Kittitas County v. Eastern Washington GMHB; Carpenter-Fisher Creek closure litigation; local government views of exempt well policy

Tadas Kisielius, Esq., Moderator
Van Ness Feldman GordonDerr LLP / Seattle, WA

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

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

Josh Weiss, Esq., General Counsel/Policy Director
Washington State Association of Counties / Olympia, WA

3:00 pm


3:15 pm

Water Right Changes and Relinquishment of Water Rights

Painted Summer Hills; changes in "manner of use" of groundwater rights

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

Orondo Fruit Company; the "determined future development" exemption from relinquishment

Mark T. Peterson, Esq.
Peterson Law Office / Wenatchee, WA

4:15 pm

Deference to Ecology after Port of Seattle: How Exactly Does It Work?

The Pollution Control Hearings Board's approach on deference to the agency's technical judgments and interpretation of the law since the 2004 decision in Port of Seattle v. PCHB

William H. Lynch
Environmental Hearings Office / Olympia, WA

5:00 pm

Adjourn Day 1


Tuesday, August 28, 2012

8:30 am

Recent Washington Decisions and Pending Cases to Watch

Pollution Control Hearings Board

Kathryn L. Gerla, Esq., Senior Assistant City Attorney
King County Prosecutor's Office / Seattle, WA

Superior and Appellate Courts

Stephen H. North, Esq., Assistant Attorney General
Washington State Office of the Attorney General / Olympia, WA

10:00 am

Break: Coffee, Tea and Conversation

10:15 am

Current Issues in Municipal Water Law

City of Leavenworth water transfer litigation

Thomas M. Pors, Esq.
Law Office of Thomas M. Pors / Seattle, WA

Tacoma v. Bonney Lake and utility responsibility for fire hydrants

Marc R. Greenough, Esq.
Foster Pepper PLLC / Seattle, WA

11:30 am

Yakima Basin Integrated Water Resource Management Plan: Implementing One of the Most Significant Ecological Restoration Projects Undertaken in the West

Update on the Bureau of Reclamation and Washington Department of Ecology Final Programmatic EIS for the Yakima River Basin Water Enhancement Project including comments on the EIS and progress towards funding for the project

Michael Garrity, Esq., Washington State Conservation Director
American Rivers / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

The Complex Interrelationship Between the State and Tribes: Federal vs. State Authority Over Tribal Water Rights

Update on cases involving tribal requests for federal determination of streamflow requirements based on treaty rights; exempt wells, the Johns Creek Basin closure appeal, and other cases at the intersection of state and tribal authority

Sharon I. Haensly, Esq.
Squaxin Island Tribe / Shelton, WA

2:15 pm

Update on the Upcoming Negotiations on the Columbia River Treaty

David W. Bursey, Esq.
Bull, Housser & Tupper LLP / Vancouver, BC Canada

Suzanne Skinner, Esq., Executive Director
Center for Environmental Law & Policy / Seattle, WA

James C. Waldo, Esq.
Gordon Thomas Honeywell LLP / Tacoma, WA

3:30 pm

Break: Soda, Tea and Conversation

3:45 pm

Post-Op on the 2012 Legislative Session: What Happened and What Might Happen Next

Legislative proposals: what passed and what did not pass; what was settled and what was left for next year

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

Evan Sheffels, Special Assistant to the Director
Water Policy/Department of Ecology / Olympia, WA

4:30 pm

Evaluations and Adjourn



Regular tuition for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


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

Continuing Education Credits

Live credits: This program qualifies for 12.75 WA CLE; 12.75 AICP CM (includes 1.5 Law) ; 12.75 ID; 13.75 OR CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Faculty Bios

Adam Gravley, Program Co-Chair, member, Van Ness Feldman GordonDerr LLP, focuses on water rights and resources and infrastructure needs of business, local government and individual clients. He is listed in "The Best Lawyers in America" and "Super Lawyer"
Full bio and contact info for Adam Gravley at Van Ness Feldman GordonDerr

Sarah Mack, Program Co-Chair, partner, Tupper Mack Wells PLLC, focuses on water rights, land use and environmental law, with an emphasis on project permitting, environmental review, regulatory compliance, and administrative and judicial appeals. She is a Washington Super Lawyer.
Full bio and contact info for Sarah Mack at Tupper Mack Wells PLLC

Maia D. Bellon, Opening Address, is Program Manager for the Washington State Department of Ecology's Water Resources Program. Previously, she was an Assistant Attorney General in the Ecology Division of the Attorney General's Office where she provided client advice and litigation support for the Water Resources Program.

Tadas Kisielius, Moderator, member, Van Ness Feldman GordonDerr LLP, represents clients on issues pertaining to land use and water resources law. His work includes permitting of new appropriations, transfers and changes of existing water rights and water rights transactions. He has worked with land use clients in understanding the ways in which water law impacts long-range planning decisions and dvelopment projects.
Full bio and contact info for Tadas Kisielius at Van Ness Feldman GordonDerr LLP

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

David Bursey, partner, Bull, Housser & Tupper LLP, co-leader of the firm's Energy and Aboriginal Law practices, focuses on energy, environmental and aboriginal issues. He is recognized in Best Lawyers in Canada, Lexpert and Chambers Global.

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

Michael Garrity, Washington State Conservation Director, American Rivers, focuses on protecting and restoring the rivers of Washington State, including the Columbia and its tributaries.

Kathryn L. Gerla, Senior Assistant City Attorney, King County Prosecutor's Office. Previously, she was a Senior Assistant City Attorney with the Seattle City Attorney's Office, where she practiced environmental law. She was Senior Assistant Attorney General with the State Attorney General's Office, where she represented the Department of Ecology and Natural Resources.

Marc R. Greenough, member at Foster Pepper PLLC, practices in municipal law and public finance. He serves as bond, underwriters' and disclosure counsel on general obligation, revenue, and special obligation financings by state and local governments.
Full bio and contact info for Marc R. Greenough at Foster Pepper PLLC

Sharon I. Haensly, Attorney in the Legal Department for the Squaxin Island Tribe, focuses on natural resources law. Previously, she worked at several law firms that specialize in Indian law and was in-house counsel with the Swinomish Indian Tribal Community.

Daniel R. Haller, Associate Water Resources Engineer, Aspect Consulting LLC, focuses on storage studies and water rights transfers in Eastern Washington. Previously, he was with Washington's Department of Ecology, Office of Columbia River.
Full bio and contact info for Daniel R. Haller at Aspect Consulting LLC

Trevor Hutton, Senior Permit Writer, Office of Columbia River, Washington Department of Ecology, reviews and investigates water right applications, utilizes and manages LandSat imagery, assists in policy development and coordinates program permitting efforts.

Jeff B. Kray, partner at Marten Law PLLC, focuses on water resources, water quality, and environmental litigation, including CERCLA site remediation. He advises businesses on water quality permit compliance and defense matters, stormwater pollution prevention, and the transference of water rights.
Full bio and contact info for Jeff B. Kray at Marten Law PLLC

William H. Lynch, is a member, Pollution Control Hearings Board and Shoreline Hearings Board. Previously, he was Senior Staff Counsel with the nonpartisan committee staffs in the Washington House of Representatives and Senate.

Stephen H. North, Washington State Assistant Attorney General, Water Resources Section, Ecology Division, provides client advice and litigation support on water rights permitting, changes and transfers of water rights, exempt wells, municipal water rights, trust water rights, relinquishment and instream flow rulemaking.

Troy R. Peters, Ph.D., Extension Irrigation Specialist, Irrigated Agriculture Research and Extension Center, Washington State University, is a certified agricultural irrigation specialist and a licensed professional engineer.

Mark T. Peterson, Peterson Law Office, focuses on water related issues. He is general counsel to several water districts and provides special counsel to municipal water providers. Previously, he was on Chelan County Water Conservancy Board.

Thomas M. Pors, principal, Law Office of Thomas M. Pors, focuses on water rights permitting and appeals, water transfers, water system planning, water quality issues, real estate transactions, regulatory compliance, land use permitting and litigation.

Alan Reichman, Washington State Assistant Attorney General, Ecology Division, is Section Manager for Water Resources and Lead Counsel to the Department of Ecology's Water Resources Program.

Evan Sheffels, Director's Special Assistant, Water Policy, Washington State Department of Ecology, focuses on the development of legislative and agency water resource policy. Previously, he was Senior Counsel to the Washington State Senate, advising various Senate committees on water, environmental and agricultural issues.

Suzanne Skinner, Executive Director, Center for Environmental Law & Policy, a nonprofit organization dedicated to promoting the public interest in fresh water resources of the Columbia watershed and western Washington. Previously, she was Director of the Civil Division of the Seattle City Attorney's Office.

James C. Waldo, partner, Gordon, Thomas, Honeywell LLP, focuses on negotiations and mediations with an emphasis on project permitting and implementation, and works with public and private entities in multi-party negotiations and mediations in Washington, Oregon and California.

Josh Weiss, is General Counsel and Policy Director for the Washington State Association of Counties. He covers natural resources, environment, and land use issues affecting counties.