Law Seminars International Presents: The Second Annual Advanced Conference on

Tribal Water in California
New legal and policy developments, sovereignty, settlements, resources and opportunities



March 17 & 18, 2014
Morongo Casino Resort & Spa in Cabazon, CA

Who Should Order This Homestudy

Attorneys, Tribal, local, state and federal governmental representatives, environmental professionals, business executives, water users and their representatives

Why You Should Order

Tribal water rights have become an increasingly important issue in California at both the local and state level. This is especially so in water-scarce areas of California where Tribes' Winters Doctrine reserved rights, as well as water rights protected under state law, come into play. Tribal reserved water rights with early priority dates have been at the forefront in a number of federal and state licensing and resource allocation proceedings in which Tribal fishing rights dependent on adequate stream flows for their exercise are involved (as in the Klamath, Trinity and Eel River basins). Because many of these Tribal water rights have been unquantified, the past approach has often been to simply ignore them until a Tribe or the United States actively asserts the Tribe's rights. More recently, state and local governments and water agencies have begun to recognize that consideration of Tribal water rights is essential to the development of effective policies for water resource protection, development and allocation in many areas of California.

This comprehensive conference will present an overview of the federal and California law governing Tribal water rights, with specific attention to the interplay of those rights and the challenges facing all water users in California. In this regard, the conference will highlight the findings of recent hydrologic modeling studies documenting depletion of underground water reserves in California, the policy development initiatives being considered in response, and why consideration of Indian water rights is critical to the success of these initiatives. The conference will also build on last year's discussion of alternatives for Tribes to consider in the use and development of their water rights, whether arising under federal or state law, including recommendations for changes in state law or policy that would enable Tribes to have an appropriate role in local water planning decisions. Finally, the conference will provide an update of recent Indian water rights settlements, and will examine the significant interplay between energy and water policy in terms of water consumption and potential water contamination. Throughout the conference, we will explore ways in which Tribes, local governments and water agencies can work cooperatively to ensure an adequate and sustained supply of water for mutually beneficial uses into the future.

~ Program Co-Chairs: Stephen V. Quesenberry, Esq. of Hobbs, Straus, Dean & Walker, LLP and Mark St. Angelo, Esq. of Morongo Band of Mission Indians

What You Will Learn



Agenda

Monday, March 17, 2014

8:00 am

Registration Opens

 
8:30 am

Introduction and Overview

Stephen V. Quesenberry, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Berkeley, CA

Mark St. Angelo, Esq., Program Co-Chair, Tribal Attorney
Morongo Band of Mission Indians / Banning, CA

 
8:45 am

Optional Tribal Water Law 101: The Basics of Indian Reserved Water Rights

Winters and the Tribal reserved rights doctrine; water rights on executive order reservations; the McCarran Amendment; Indian allotments

Thomas E. Luebben, Esq.
Law Offices of Thomas E. Luebben / Sandia Park, NM

Current trends with respect to Indian reserved rights and Congressionally-approved water rights settlements

Ryan A. Smith, Esq.
Brownstein Hyatt Farber Schreck, LLP / Washington, DC

 
9:45 am

Special Address: BIA Water Rights Update

BIA perspective: Pacific Region priorities in terms of quantification of Indian rights and off reservation allotments; special issues in California; what to expect in terms of funding levels; BIA operational structure

Doug Garcia, Water Rights Specialist, Pacific Region
U.S. Department of the Interior, Bureau of Indian Affairs / Sacramento, CA

Secretary's Indian Water Rights Office perspective

Fain Gildea, Deputy Director
U.S. Department of the Interior, Secretary's Indian Water Rights Office / Washington, DC

 
10:45 am

Break

 
11:00 am

Tribal Groundwater Rights in California

The connection between surface water and groundwater in water-scarce areas, such as Southern California

Sam Cohen, Esq., Government Affairs Officer, General Counsel
Santa Ynez Band of Chumash Indians / Santa Ynez, CA

Groundwater or Subsurface Stream Flow: Legal implications for the Tribal water user

James Reilly, P.E., Water Resources Engineer
Stetson Engineers Inc. / San Rafeal, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Case Studies of Recent and Attempted Settlements of Disputes Over Tribal Water Rights: The Importance of Unique Historical and Physical Characteristics

Pechanga Band of Luiseno Indians Water Rights Settlement Act (2013 HR 2508/S 1219): Update on progress in the Congress and what it suggests about the current congressional climate

Andrew Masiel, Sr., Councilman
Pechanga Band of Luiseno Indians / Temecula, CA

The Tule River Tribe Water Development Act of 2009 (S. 789): Issues that can arise when infrastructure development is a component of a settlement proposal

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

San Luis Rey Indian Water Rights Settlement Act of 1988: The administration's more active role in scrutinizing settlements; Federal trust responsibility

Robert S. Pelcyger, Esq.
Attorney at Law / Boulder, CO

 
3:15 pm

Break

 
3:30 pm

Rural Water Programs and Ecosystem Restoration Developments

U.S. Bureau of Reclamation programs and other activities to assist Tribes with water rights, ecosystem restoration and rural water projects; recent and pending cases involving streamflows

Richard S. Deitchman, Esq.
Somach Simmons & Dunn / Sacramento, CA

Eel River Dam decommissioning: Case study of the initial efforts by the Round Valley Tribes and NCAI to have the dams decommissioned

Scott Williams, Esq.
Berkey Williams, LLP / Berkeley, CA

 
4:30 pm

Update on the Lower Colorado River Basin Water Dispute

Mason D. Morisset, Esq.
Morisset, Schlosser, Jozwiak & Somerville / Seattle, WA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Hobbs, Straus, Dean & Walker, LLP, Morongo Band of Mission Indians and Sonosky, Chambers, Sachse, Endreson & Perry, LLP

 

Tuesday, March 18, 2014

8:30 am

Issues at the Intersection of California State Water Law Initiatives and Tribal Water Rights

Issues arising under the California Marine Life Protection Act: Update on Marine Protected Areas (MPAs) planning processes and results; practical tips for minimizing adverse impacts on Tribal fishing and shellfish gathering

Colin Cloud Hampson, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / San Diego, CA

Conflicts between consumptive water use and minimum stream flow requirements: Lessons from recent cases on how Tribes can advantageously use the Federal Power Act

Thomas P. Schlosser, Esq.
Morisset, Schlosser, Jozwiak & Somerville / Seattle, WA

Conjunctive management programs: Update on recent developments relating to conjunctive water management planning; funding for groundwater recharge and storage, feasibility studies, and construction activities through grant and loan programs

Mark St. Angelo, Esq., Program Co-Chair, Tribal Attorney
Morongo Band of Mission Indians / Banning, CA

Update on the Tribal Advisory Committee's continuing work to ensure Tribal perspectives on land, water and culture

Alex Cleghorn, Esq.
Attorney at Law / Oakland, CA

 
10:30 am

Break

 
10:45 am

New Developments Arising from Consumption of Water by New Energy Projects: What is the Interplay Between Energy Policy and Water Policy?

Lessons learned on the use of water in hydraulic fracturing technologies for oil and gas development

K. Eric Adair, Esq.
Hinson Gravelle & Adair LLP / Valencia, CA

Policy considerations arising from new energy projects in the desert: Issues necessarily arising from the water/energy nexus; important policy considerations during project approval; consequences of policy compliance

Jason M. Ackerman, Esq.
Best Best & Krieger LLP / Riverside, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Legal and Technical Considerations for Addressing Off-Reservation Pumping and Recharge That Affects the Quality of Tribal Water

Overview of the legal and technical issues in this type of litigation: Up sides and down sides; why the outcomes could be of interest to Tribes in adjacent basins not directly involved

Stephen V. Quesenberry, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Berkeley, CA

Perspectives and impacts of off-reservation water uses on Tribal water rights

Heather Whiteman Runs Him, Esq., Staff Attorney
Native American Rights Fund / Boulder, CO

 
2:45 pm

Evaluations and Adjourn

 


Cost

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 Tribes, we offer half price, which is $447.50. 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.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 11.5 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Cancellation

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



Faculty Bios

Stephen V. Quesenberry, Program Co-Chair, partner at Hobbs, Straus, Dean & Walker, LLP, has represented Tribes and individual Indians on a range of issues. Previously, he was Director of Litigation for California Indian Legal Services.
Full bio and contact info for Stephen V. Quesenberry at Hobbs, Straus, Dean & Walker, LLP

Mark St. Angelo, Program Co-Chair, in-house Tribal Attorney, Morongo Band of Mission Indians, provides legal advice in connection with Tribal government, including the Tribe's Water Department. He also provides advice on contracts, commercial enterprises, business relationships and investments.

Jason M. Ackerman, partner at Best Best & Krieger LLP, assists clients in complying with state and federal environmental laws, including the Endangered Species Act, the National Environmental Policy Act, the Federal Land Policy and Management Act, and the California Environmental Quality Act.

K. Eric Adair, partner at Hinson Gravelle & Adair LLP, focuses on legal and environmental issues related to the oil and gas well stimulation technique known as hydraulic fracturing and represents clients at the trial and appellate levels before both state and federal courts.

Alex Cleghorn, Attorney at Law, serves as Special and General Counsel to Indian Tribes, drafts governance documents, assists with Tribal court and law enforcement development and provides legal counsel on Tribal jurisdiction; government-to-government relationships; Tribal sovereignty; taxation and economic development.

Sam Cohen, Government Affairs Officer and General Counsel, for the Santa Ynez Band of Chumash Indians, has been representing California and other Tribal governments since 1996, and is a frequent contributor on gaming and fee-to-trust issues for Indian Gaming Magazine and other publications.

Richard S. Deitchman is with Somach Simmons & Dunn and concentrates on water resources, air quality, and natural resources.

Doug Garcia, Water Rights Specialist, Pacific Region, U.S. Department of the Interior, Bureau of Indian Affairs, is responsible for water resources and rights program administration. He assists Tribal governments in protecting water resources for instream flows for fisheries, ground water management protection and quantification of water rights.

Fain Gildea is Deputy Director for the U.S. Department of the Interior, Secretary's Indian Water Rights Office (SIWRO). Their mission is to manage, negotiate, and oversee implementation of settlements of Indian water rights claims, with the strong participation of Indian Tribes, states, and local parties.

Colin Cloud Hampson, partner with Sonosky, Chambers, Sachse, Endreson & Perry, LLP, focuses on Indian gaming, environmental, water, tax and general counsel matters. He has represented Tribes in federal, Tribal and state courts, before federal agencies and in water adjudications.

Thomas E. Luebben, Law Offices of Thomas E. Luebben, focuses on Federal Indian Law, Native American rights, Native American Tribal representation and Environmental and Natural Resources Law. He is also the Director of Litigation for the Native Lands Institute of Albuquerque, NM.

Andrew Masiel, Sr., Councilman to the Pechanga Band of Luiseno Indians, is experienced in Tribal economic development and financing for Tribal government projects. Previously, he worked as Tribal Administrator to the Soboba Band of Luiseno Indians and the Pauma Band of Mission Indians.

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 currently represents the Tule River Tribe of California in its water rights settlement.

Mason D. Morisset, Director at Morisset, Schlosser, Jozwiak & Somerville, is responsible for Indian treaty and water rights litigation including successful arguments before the U.S. Supreme Court, the Washington and California Supreme Courts and the FERC.

Robert S. Pelcyger, Attorney at Law, practices Indian law, with emphasis on Tribal sovereignty, water and other natural resource issues.

James Reilly, P.E., is a Water Resources Engineer for Stetson Engineers Inc. and consults for Indian Tribes on water rights and water resources projects, from planning and design through implementation.

Thomas P. Schlosser, Director, Morisset, Schlosser, Jozwiak & Somerville, specializes in federal litigation, natural resource and Indian Tribal property issues, Tribal economic development and environmental regulation matters. He was an officer and founding member of the Indian Law Section of the Washington State Bar Association.

Ryan A. Smith, of counsel, Brownstein Hyatt Farber Schreck, LLP, focuses on water law, natural resources litigation, endangered species law, Indian law and government relations. Previously, he was a senior legislative advisor to U.S. Senate Minority Whip, Jon Kyl.

Heather Whiteman Runs Him, Staff Attorney at the Native American Rights Fund, focuses on Tribal water rights and natural resource issues. Previously, she served as Joint Lead Counsel for the Crow Tribe of Montana.

Scott Williams, partner at Berkey Williams, LLP, represents Indian Tribes and Tribal organizations in litigation and provides ongoing advice and consultation on water rights and natural resources, cultural site protection, employment and personnel issues, and governmental and corporate affairs.
Full bio and contact info for Scott Williams at Berkey Williams, LLP