Law Seminars International Presents: A Comprehensive One-Day Seminar on Resolving Conflicts Between

Agriculture Law
New regulations, competing interests, new court decisions

April 15, 2013
Red Lion Hotel Yakima Center in Yakima, WA

Who Should Attend

Attorneys, landowners, farmers, ranchers, agri-business managers, environmental professionals and government officials.

Why You Should Attend

New regulations are pushing the agricultural community as fishing interests and municipalities are changing the way income can be derived by farms from land and fisheries from rivers. At a time when water as a resource is becoming ever more scarce, competing interests for water, environmental concerns for pesticide use, new court decisions, and critical areas regulations are driving major changes in farm economics. There are new rules and interpretation of those rules is changing even faster. This conference will provide landowners, farmers, ranchers, lawyers, government officials and consultants the tools to navigate the emerging regulatory push and find ways to address the new regulatory environment and manage farms and farmlands successfully.

~ Program Co-Chairs: Tom Lindley, Esq.of Perkins Coie LLP, and Elaine L. Spencer, Esq. of Graham & Dunn PC

What You Will Learn


Monday, April 15, 2013

8:00 am

Registration Opens

8:30 am

Introduction and Overview

Tom Lindley, Esq., Program Co-Chair
Perkins Coie LLP / Portland, OR

Elaine L. Spencer, Esq., Program Co-Chair
Graham & Dunn PC / Seattle, WA

8:45 am

Practical Solutions: Water Banking Programs and Water Quality Trading for Rural Uses

TMDLs and other necessary ingredients for a viable banking/trading program

Tom Lindley, Esq., Program Co-Chair
Perkins Coie LLP / Portland, OR

Lessons from Oregon and the Chesapeake as leaders in water quality trading

Ranei Nomura, Policy Analyst, Water Quality Program
Oregon Department of Environmental Quality / Eugene, OR

A Credible, Transparent, Turn-Key Solution: what it takes to make water quality trading work

Alex Johnson, Ecosystem Credit Programs Director
The Freshwater Trust / Portland, OR

10:15 am


10:30 am

Water Quantity: Water Flows for Farmers, Fishing Interests, and Cities

What's appropriated, and over appropriated, what has been adjudicated and what's still up in the air; upstream issues with Idaho and downstream with Oregon

Sidney Phillip Ottem, Esq., Yakima Field Office Manager Deputy Director for Administration
Bureau of Reclamation, Department of the Interior / Yakima, WA

Agricultural perspective on the relationship between groundwater and surface water appropriations and stream flows: What do we do when upper basin withdrawals affect lower basin flows?

Brian Iller, Esq.
Rettig Osborne Forgette Law Office / Kennewick, WA

Developer perspective on water supplies to accommodate a growing population

Joseph P. Mentor, Jr., Esq.
Mentor Law Group PLLC / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Water Quality and Salmon: Pesticides, Fertilizers, Heat and Finding Balance

NWEA v. EPA; Ecology's current rule-making, and the dilemma of how to meet the Clean Water Act's requirements while keeping agriculture and the economy working

Elaine L. Spencer, Esq., Program Co-Chair, Moderator
Graham & Dunn PC / Seattle, WA

Progress towards establishing and implementing TMDLs: What it means for agriculture and the economy

Thomas V. Dupuis, P.E., Water & Natural Resources Business Group Manager
HDR Engineering, Inc. / Boise, ID

NCAP v. EPA: The requirement for ESA consultation in approving FIFRA certification for agricultural chemicals

Samuel W. Plauche, IV, Esq., Partner
Plauche & Carr LLP / Seattle, WA

2:45 pm

Impact of Climate Change on Water Flows in the Pacific Northwest: Will the Water Fights Get Worse?

The climate is changing: An update on latest data and discussion of possible implications to water priorities and solutions

A. W. (Sandy) Mackie, Esq.
Perkins Coie LLP / Seattle, WA

3:15 pm


3:30 pm

Key Issues in Water, Fish and Agriculture

Overview of Yakima Basin Integrated Water Resource Management Plan; tribal, agricultural, environmental needs and next steps

Derek Sandison, Director, Office of Columbia River
Washington State Department of Ecology / Wenatchee, WA

Philip Rigdon, Deputy, Director
Yakama Nation Department of Natural Resources / Toppenish, WA

Urban Eberhart, Director, Badger Pocket Division
Kittitas Reclamation District / Ellensburg, WA

Tom Ring, Hydrogeologist
Yakama Nation Water Resource Program / Toppenish, WA

5:00 pm

Evaluations and Adjourn



Regular tuition for this program is $495 with a group rate of $370 each for two or more registrants from the same firm. For government employees, we offer a special rate of $330. For students and people in their job for less than a year, our rate is $247.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


The workshop will be held at the Red Lion Hotel Yakima Center at 607 E. Yakima Avenue in Yakima, WA 98901. Call the hotel directly at (509) 248-5900 for reservations at the special negotiated rate of $89.95 single/double and $99.95 triple/quad and mention that you are attending a Law Seminars International seminar. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials, is available for $505. 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

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, April 9, 2013. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Faculty Bios

Tom Lindley, Program Co-Chair, partner, Perkins Coie LLP, chairs the firm's national environment, energy and resources practice, including air, water, hazardous waste and solid waste permits; water quality; site investigations, and remediation. He has served as lead counsel in TMDL and NPDES litigation matters and in developing watershed permits. He is a Washington Super Lawyer and is listed in "The Best Lawyers in America" and "Chambers USA."
Full bio and contact info for Tom Lindley at Perkins Coie LLP

Elaine L. Spencer, Graham & Dunn PC, focuses on natural resource issues, particularly the effect of managed forests on native species and maintaining the economic viability of modern forestry. She is a Washington Super Lawyer.

Sidney Ottem currently serves as the Manager for the Yakima Reclamation Project, Bureau of Reclamation. He previously served as the Acting Director and Deputy Director for Administration, Office of the Solicitor, Department of the Interior.

Thomas V. Dupuis, Water and Natural Resources Business Group Manager, HDR, Inc., provides consulting services to public and private sector clients, including state water agencies, and focuses on watersheds, water quality, TMDLs, and other aspects of Clean Water Act compliance.

Urban Eberhart, is currently serving as the Director of the Badger Pocket Division, Kittitas Reclamation District, and is a member of the Yakima River Basin Water Enhancement Project.

Brian J. Iller, partner, Rettig Osborne Forgette Law Office, represents the Kennewick Irrigation District, in State Department of Ecology v. Acquavella, the largest water right adjudication ever undertaken. He has also represented various private landowners and the Columbia Snake River Irrigators Association in litigation relating to water rights.

Alex Johnson, Ecosystem Credit Programs Director, The Freshwater Trust, is involved in the analysis, development and implementation of some of the first water quality trading programs in the Pacific Northwest.

Alexander (Sandy) W. Mackie, partner, Perkins Coie LLP, is experienced in land use and environmental law policy and practice. His clients include counties and private companies. He is also chairman of the Association of Washington Business Land Use and Environmental committee.
Full bio and contact info for A. W. (Sandy) Mackie at Perkins Coie LLP

Joseph P. Mentor, Jr., principal, Mentor Law Group, PLLC, represents public and private clients on water resources issues, including Skagit County and Suncadia Resort. He helped establish and currently manages Suncadia's Yakima Basin water banking program. He is a past President of the Washington Section, American Water Resources Association and co-author of the Water Law Chapter of the Washington Lawyers' Practice Manual.

Ranei Nomura, Policy Analyst, Oregon Department of Environmental Quality, serves as the state's water quality trading coordinator and focuses on developing alternative strategies for obtaining compliance with watershed pollution reduction goals.

Samuel W. (Billy) Plauche, partner, Plauche & Carr LLP, provides counsel on issues regarding natural resources, land use, and environmental regulations, including wetlands or hazardous waste, natural resource damage actions, and Clean Water Act and Clean Air Act challenges. He serves clients in both the public and private sectors, including resource-based organizations.
Full bio and contact info for Samuel W. Plauche IV at Plauche & Carr LLP

Philip Rigdon is Deputy Director of the Yakama Nation Department of Natural Resources. Former positions include Fuels Manager and Forest Development Forester at Yakima Nation.

Tom Ring is a hydrogeologist with the Water Resources Program of the Yakama Nation. In this role, he as worked on projects involving groundwater and surface water quantity and quality, water rights, irrigation and fisheries issues and planning for future water needs.

Derek Sandison, Director, Washington State Department of Ecology's Office of Columbia River, manages large-scale water supply development projects in eastern Washington, including the Odessa Special Study and Yakima Basin Integrated Water Resource Management Plan.