Law Seminars International Presents: The Second Annual Comprehensive Two-Day Conference on

Tribal Water in the Southwest
New legal and regulatory developments, challenges and opportunities



January 15 & 16, 2015
Courtyard Scottsdale Salt River in Scottsdale, AZ

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 are an important consideration in water planning and resource allocation decisions throughout the arid Southwest. This is especially evident, where state water right adjudications are pending and the Tribes' federal reserved water rights, and water rights established under state law, must be taken into account. Tribal water rights settlement activities have been at the forefront of discussions surrounding Tribal water issues as Tribal advocates consider the unique factors that contributed to the success or failure of recent proposed settlement acts in Congress. Additionally, concerns continue about regional water scarcity, the depletion of groundwater aquifers, increasing water demands and ongoing efforts to reconcile federal environmental law with Tribal water rights.

This conference will present a comprehensive overview of the law governing Tribal water rights and impacting the development of Tribal water projects and will examine and compare recent experiences involved in the adjudication of water rights through litigation with the results of recent settlement negotiations. We will also examine the administrative and legislative process that settlement parties will need to consider as they seek federal funding for future settlements. Finally, the conference will examine innovative approaches where Tribes, local governments, and non-Tribal water users are able to work together to ensure an adequate and sustained supply of water for mutually beneficial uses into the future through water marketing and exchange agreements.

Program Co-Chairs: Cynthia M. Chandley, Esq., Snell & Wilmer L.L.P. and Steven J.W. Heeley, Esq., Akin Gump Strauss Hauer & Feld LLP

What You Will Learn



Agenda

Thursday, January 15, 2015

8:00 am

Registration Opens

 
8:30 am

Introduction and Overview

Cynthia M. Chandley, Esq., Program Co-Chair
Snell & Wilmer L.L.P. / Phoenix, AZ

Steven J.W. Heeley, Esq., Program Co-Chair
Akin Gump Strauss Hauer & Feld LLP / Washington, DC

 
8:45 am

Issues Arising from the Interplay Between Western State Prior-Appropriation Water Laws and Indian Reserved Water Rights

The Winters Doctrine and Tribal reserved rights; the McCarran Amendment waiving federal sovereign immunity for the adjudication of federal water rights and resulting state regulatory authority

Reid Peyton Chambers, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / Washington, DC

 
9:30 am

Federal Settlement Process and Funding Issues

The federal government's role in negotiating Indian water right settlements

Pamela S. Williams, Esq., Director
U.S. Department of the Interior, Secretary's Indian Water Rights Office / Phoenix, AZ

 
10:15 am

Break

 
10:30 am

Settlement vs. Water Rights Adjudication Through Litigation

Does adjudication through litigation in state courts limit the scope and type of uses to which the Tribe can put water? Is it more or less feasible from the perspective of state water rights administration?

John E. Echohawk, Executive Director
Native American Rights Fund / Boulder, CO

John B. Weldon, Jr., Esq.
Salmon, Lewis & Weldon, PLC / Phoenix, AZ

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Update on Recent Tribal Water Rights Settlement Activities

Overview of pending Tribal/state water settlements

Nathan Bracken, Esq., Assistant Director and General Counsel
Western States Water Council / Murray, UT

Legal Issues in the Little Colorado Basin affecting prospects for Tribal settlements

L. William Staudenmaier, Esq.
Snell & Wilmer L.L.P. / Phoenix, AZ

Update on Pechanga Water Rights Settlement Act

Rodney B. Lewis, Esq.
Akin Gump Strauss Hauer & Feld LLP / Sacaton, AZ

 
2:45 pm

Federal Programs and Technical Resources for Addressing Tribal Water Management Issues

U.S. Bureau of Reclamation programs and other activities to assist Tribes with ecosystem restoration and rural water projects

Leslie A. Meyers, P.E., Deputy Area Manager
U.S. Department of the Interior, Bureau of Reclamation / Glendale, AZ

 
3:15 pm

Break

 
3:30 pm

State Water Right Adjudications and Their Relationship to Indian Water Settlements

Utah's approach to the settlement of Tribal reserved water right claims: How such settlements relate to general water right adjudications and other state laws and policies

Norman K. Johnson, Esq., Natural Resources Division Chief
State of Utah, Office of the Attorney General / Salt Lake City, UT

 
4:15 pm

Protecting Tribal Water Rights: Case Study of the Klamath River Basin Litigation

Lessons from how the process played out, including informal Tribal interaction with federal and state agencies

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

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Akin Gump Strauss Hauer & Feld LLP and Snell & Wilmer L.L.P.

 

Friday, January 16, 2015

8:30 am

Introduction to Day Two: Practical Solutions for Tribal Water Use and Management

Cynthia M. Chandley, Esq., Program Co-Chair
Snell & Wilmer L.L.P. / Phoenix, AZ

Steven J.W. Heeley, Esq., Program Co-Chair
Akin Gump Strauss Hauer & Feld LLP / Washington, DC

 
8:45 am

Water as a Revenue Source: Innovative Approaches to Marketing Indian Water

Jason T. Hauter, Esq.
Akin Gump Strauss Hauer & Feld LLP / Washington, DC

Christa McJunkin, Principal Water Analyst, Water Strategy
Arizona Department of Water Resources, Salt River Project / Tempe, AZ

 
10:00 am

Break

 
10:15 am

Prospects for Future Congresssional Action on Indian Water Rights Settlements

Congressional staff perspective

Kris Kiefer, Esq., General Counsel
U.S. Senator Jeff Flake of Arizona / Washington, DC

 
10:45 am

Resolving Technical Issues: Groundwater and Surface Water Management

Overview of conjunctive management processes in Western states

Joe Ely, Tribal Project Coordinator, Director of Indian Project Development
Stetson Engineers Inc. / Chandler, AZ

The importance of obtaining and making effective use of good water science

Peter A. Mock, Ph.D., President and Principal Hydrologist/Geologist/Environmental Scientist
Peter Mock Groundwater Consulting, Inc. / Paradise Valley, AZ

Evaluating water rights claims and preparing a water budget

C. Eugene Franzoy, P.E., Consultant
Franzoy Consulting, Inc. / Peroria, AZ

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Impact of New Clean Water Act Regulations on Indian Water Use and Management

Overview and impacts of the new rule

Patrick J. Paul, Esq.
Snell & Wilmer L.L.P. / Phoenix, AZ

Impacts of the new EPA rule; how these changes can create a need to restructure water rights settlements

Linus Everling, Esq., General Counsel
Gila River Indian Community / Sacaton, AZ

 
3:00 pm

Ethical Considerations for Lawyers Involved with Indian Water Settlement Negotiations and Management Issues

Joint Confidentiality Agreements in water rights and contact with represented parties - What could go wrong?

David A. Brown, Esq.
Brown & Brown Law Offices, P.C. / St. Johns, AZ

Patrick J. Cunningham, Esq.
The Law Office of Patrick J. Cunningham, LLC / Scottsdale, AZ

 
4:00 pm

Evaluations and Adjourn

 


Cost

Regular tuition for attendance or live webcasting, for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For Tribal members and other government employees, we offer a special rate of $665. For students, people in their job for less than a year, and public interest NGO's, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 12.25 (incl. 1 ethics) AZ CLE 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

Cynthia M. Chandley, Program Co-Chair, partner, Snell & Wilmer L.L.P., practices water, mining, natural resources, energy and environmental law as part of the firm's Real Estate, Energy and Finance practice group. She has experience representing both large private claimants and governmental agencies in Arizona's General Stream Adjudication.

Steven J.W. Heeley, Program Co-Chair, consultant at Akin Gump Strauss Hauer & Feld LLP, focuses on Policy and Regulation and American Indian Law and Policy. He advises Indian Tribes on corporate, transactional and natural resources matters, as well as on Tribal governance and jurisdictional issues.

Nathan Bracken, Assistant Director and General Counsel, Western States Water Council, practices water law, public policy, and government relations, working with state water administrators appointed by 18 western governors to address water challenges in the West.

David A. Brown, co-founder, Brown & Brown Law Offices, P.C., represents irrigation companies, municipalities, ranches and others located in Arizona, including both the Gila River and Little Colorado River adjudications.

Reid Peyton Chambers, partner, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, represents Tribes and other Alaska Native interests involving land, timber and water rights, hunting and fishing rights, reservation disestablishment, Alaska Tribal rights and immunities, gaming law, Tribal jurisdiction and taxation, oil and gas rights, and coal development.

Patrick J. Cunningham, The Law Office of Patrick J. Cunningham, LLC, provides environmental compliance and permitting advice, general corporate and business representation, and government affairs assistance to individuals and businesses.

John E. Echohawk, Pawnee, Executive Director, Native American Rights Fund, was the first graduate of the University of New Mexico's special program to train Indian lawyers, and has been recognized as one of the 100 most influential lawyers in America by the National Law Journal.

Joe Ely, Tribal Project Coordinator and Director of Indian Project Development with Stetson Engineers Inc., is the former Tribal Chairman of the Pyramid Lake Paiute Tribe, and is experienced in Indian water rights quantification and establishment.

Linus Everling is General Counsel at the Gila River Indian Community. He is an enrolled member of the Turtle Mountain Chippewa Tribe, Belcourt, North Dakota.

C. Eugene Franzoy, Franzoy Consulting, Inc., provides technical services to clients, including state local governments, Indian Tribes, and private industry and to clients in negotiation and litigation of complex water rights cases.

Jason T. Hauter, Akin Gump Strauss Hauer & Feld LLP, advises clients regarding American Indian law and policy. Previously, he was in-house counsel for the Gila River Indian Community, representing the community on economic development, construction, taxation and internal policy.
Full bio and contact info for Jason T. Hauter at Akin Gump Strauss Hauer & Feld LLP

Norman K. Johnson, Natural Resources Division Chief, State of Utah, Office of the Attorney General, manages and directs the attorneys and staff in the Natural Resources Division and advises all Utah Department of Natural Resources agencies, concentrating mostly on water issues.

Kris Kiefer, General Counsel for U.S. Senator Jeff Flake of Arizona, oversees Senator Flake's Energy and Natural Resources Committee portfolio, including work on energy, water, land use, and environmental regulations. Previously, he was Legislative Counsel for former-U.S. Senator and Minority Whip Jon Kyl.

Rodney B. Lewis, consultant, Akin Gump Strauss Hauer & Feld LLP, advises American Indian Tribes on various federal and state public policy issues. Most recently, he was General Counsel of the Gila River Indian Community.

Christa McJunkin, Principal Water Analyst, Water Strategy, Arizona Department of Water Resources, Salt River Project, works on water resource planning and the day-to-day operations of SRP's joint venture with the Gila River Indian Community, the Gila River Water Storage, LLC.

Leslie A. Meyers, Deputy Area Manager, U.S. Department of Interior, Bureau of Reclamation's Arizona office, oversees projects in Arizona, the Salt River Project and the Central Arizona Project, and in statewide water resource issues with constituents ranging from Native American Tribes to Agricultural and Municipal water users.

Peter A. Mock, Ph.D., President and Principal Hydrologist, Geologist and Environmental Scientist at Peter Mock Groundwater Consulting, Inc., has worked on challenges in hydrologic science, including groundwater-surface water interaction, the Gila River Adjudication and Tribal water rights.

Patrick J. Paul, partner, Snell & Wilmer L.L.P., concentrates on environmental and toxic tort litigation, including mold, asbestos and pollution claims, and provides environmental and land use counseling.

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.

L. William Staudenmaier, partner, Snell & Wilmer L.L.P., practices water and environmental law and represents large water users in pending general stream adjudications in Arizona (Gila River and Little Colorado River), including appellate representation on issues relating to the rights of groundwater use, and Tribal water rights.

John B. Weldon, Jr., founding member, Salmon, Lewis & Weldon, PLC, focuses on water law, natural resources litigation, environmental law, Indian law, and electric power and utilities.

Pamela S. Williams, is Director at the U.S. Department of the Interior, Secretary's Indian Water Rights Office. Previously, she was Assistant Attorney General for the Navajo Nation and Associate Tribal Attorney for the Colorado River Indian Tribes.

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