Law Seminars International Presents: An Intensive One-Day Technical Seminar on

Water Resource Management, Science and the Law
The use of science and the law for acquiring and managing water resources



May 3, 2016
Peppermill Resort Hotel in Reno, NV

Who Should Order This Homestudy

Attorneys, consultants, real estate developers, agricultural and industrial water users, agency and Tribal representatives and anyone else involved with water issues in Nevada

Why You Should Order

With the growing interest in doing business in Nevada, there is renewed interest in acquiring and managing water resources for all manner of projects including commercial, residential, agricultural and industrial development. Often the primary constraint is the ability to secure physical and legal access for water. This intensive advanced seminar will provide in-depth information on the interrelationship between law and hydrology to assist lawyers, engineers, scientists, developers, property owners, and water resource managers in presenting their projects for consideration and approval by the Nevada Division of Water Resources (NDWR) and the Nevada Division of Environmental Protection (NDEP). More than ever before, understanding the science of groundwater and surface water, including the hydrology and legal connections between these sources of water, and how to conjunctively manage and use these resources, is absolutely necessary for all stakeholders.

Lawyers have to become part hydrologist and scientists have to become part lawyers in order to understand changes to State permitting processes from the proposed rules pertaining to Waters of the US; the potential outcomes from NDWR and NDEP decisions, major recent case law; how to present a winning case in court and the use of expert witnesses. Leading scientific and legal experts will discuss water resource availability and suitability for various projects and applications including aquifer storage and recovery, and methods to demonstrate impacts to other water users and the environment. They will provide practical advice and offer valuable pointers that you will not want to miss

~ Alex J. Flangas, Esq., Holland & Hart LLP, and

Tim Donahoe, PLS, WRS, CEM of SRK Consulting (U.S.), Inc.

Program Co-Chairs

What You Will Learn

What Attendees Said



Agenda

Tuesday, May 03, 2016

8:00 am

Registration Opens

 
8:30 am

Overview of Water Resource Yields vs. Water Rights Yields

Overview of perennial yield assessments for surface water and groundwater resources for evaluating yields from water rights for surface water and groundwater resources to determine water rights dedication/relinquishment requirements for new developments

Alex J. Flangas, Esq., Program Co-Chair
Holland & Hart LLP / Reno, NV

Tim Donahoe, PLS WRS CEM, Program Co-Chair
SRK Consulting (U.S.), Inc. / Reno, NV

 
8:45 am

Presenting the Science of Hydrology at Hearing and Trial: How the Legal and Technical Pieces Fit Together

The law: Water terms that must be understood by lawyers; legal principals for and terms that must be understood by witnesses; laws relating to impacts, including environmental, of water use and discharges; best use of consulting vs. testifying experts

Paul G. Taggart, Esq.
Taggart & Taggart Ltd / Carson City, NV

The science: Tools for measuring water supply and quality impacts; tips for effectively presenting complicated concepts for judges and juries and for demonstrating specific impacts in courts and before the State Engineer

Dwight L. Smith, PG PE WRS, Principal Hydrogeologist
InterFlow Hydrology, Inc. / Truckee, CA

 
10:15 am

Break

 
10:30 am

From Drought to Flood Management: El Nino and the Temporary Problem of Too Much Water Too Fast

Update on recent FEMA and Flood Plain Map developments: Potential impacts on water rights and water management

Gary K. Hurban, PE, CFM, Senior Engineer
SRK Consulting (U.S.), Inc. / Reno, NV

 
11:15 am

Freeing Up Water for Economic Growth and Development: Water Conservation and the Anti-Speculation Doctrine

The legal challenge of reconciling water laws set up to promote continued beneficial use (use it or lose it) balanced with the need to encourage water conservation and prevent speculation so that water can be appropriated to new beneficial uses

Debbie A. Leonard, Esq.
McDonald Carano Wilson LLP / Reno, NV

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Conjunctive Management and the Use of Water Resources: Aquifer Storage and Recovery (ASR) Projects

Key components of conjunctive management programs involving Las Vegas ASR projects and water reuse: Outline of Las Vegas Valley water sources and hydrogeology; use of injection wells to facilitate storage.

Joe Leising, Ph.D., R.G., Senior Geologist-Hydrogeologist
Leising Geoscience / Las Vegas, NV

Tips for demonstrating financial and technical capabilities to develop the project plus legal entitlement to water; hydrogeological proof of project feasibility in terms of water source, quantity and quality of recharge water and receiving water

Gregory Morrison, Esq.
Parsons Behle & Latimer / Reno, NV

 
2:30 pm

Waters of the US: How Newly Proposed Rules for Jurisdictional Determinations Could Affect the State Permitting Process for your Projects

Prospects for triggering federal NEPA review for projects formerly only be subject to the state review; practical tips for developing the scientific data you need for navigating the new rules

Kevin Roukey, Principal
Kevin J. Roukey Natural Resources Consulting / Sparks, NV

 
3:15 pm

Break

 
3:30 pm

Inter-Jurisdictional Stream Flow Management: Case Study of the Truckee River Operating Agreement (TROA)

Overview of discussion to come

Tim Donahoe, PLS WRS CEM, Program Co-Chair, Moderator
SRK Consulting (U.S.), Inc. / Reno, NV

Historical development and eventual terms of the agreement between the states of California and Nevada, the Pyramid Lake Paiute Tribe, the Fallon Paiute-Shoshone Tribe, the Bureau of Reclamation, Washoe County, and the cities of Reno and Sparks

Vinton Hawley, Chairman
Pyramid Lake Paiute Tribe / Nixon, NV

Key terms and operational aspects: How water allocation changes in drought years vs. high water years vs. average years; implications for individual developer decisions whether to acquire surface water or ground water

David Wathen, Chief Deputy Water Master
US District Court Water Master's Office / Reno, NV

Perspectives on the best way to address the continuing problem of high levels of dissolved salts entering Pyramid Lake; proposals to de-commission the Truckee Canal and thereby increase flows and improve water quality in lower reaches of the Truckee River

Leanna Hale, Land & Water Manager
Fallon Paiute-Shoshone Tribe / Fallon, NV

Alex J. Flangas, Esq., Program Co-Chair
Holland & Hart LLP / Reno, NV

Michael J. Van Zandt, Esq.
Hanson Bridgett LLP / San Francisco, CA

 
5:00 pm

Evaluations and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $545 with a group rate of $410 each for two or more registrants from the same firm. For government employees and tribal members, we offer a special rate of $365. For students, people in their job for less than a year, and public interest NGO's, our rate is $272.50. 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 6.50 NV CLE credits. In addition, we have applied for 6.75 AICP 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

Tim Donahoe, PLS, SWRS, CEM, Program Co-Chair, Senior Consultant (Hydrogeology and Water Rights), SRK Consulting (U.S.), Inc., is experienced in management and development of water rights and water resources in Nevada. He has performed numerous hydrogeologic/environmental investigations, site characterizations, water resource studies, and obtained permits for many projects.

Alex J. Flangas, Program Co-Chair, partner, Holland & Hart LLP, focuses on complex commercial litigation, especially in water law, construction, mining, and land use litigation. He has assisted clients in land use matters involving permitting and licensing applications (zoning, master planning, special use permits) and has been actively involved in water rights transactions and litigation in Reno and Las Vegas.

Leanna Hale, Land & Water Manager, Fallon Paiute-Shoshone Tribe, participates on the Truckee Canal XM EIS Project and the UNR Cooperative Extension Services Water for the Season Stakeholder Affiliate Group.

Vinton Hawley, Chairman of Pyramid Lake Paiute Tribe, provides services to the Tribal members and residents while promoting cultural preservation.

Gary K. Hurban, PE, CFM, Senior Engineer (Water Resources), SRK Consulting (U.S.), Inc., specializes in surface water hydrologic and hydraulic engineering. His expertise includes hydrologic and hydraulic modeling, civil and hydraulic design of flood control structures, dam break analyses, floodplain mapping, and flood engineering studies.

Joe Leising, Ph.D., R.G., Senior Geologist-Hydrogeologist, Leising Geoscience, is experienced in the fields of mining, mineral exploration, and hydrology.

Debbie A. Leonard, partner, McDonald Carano Wilson LLP, focuses on litigation and appeals deriving from real property, land use and natural resource disputes. Before becoming a lawyer, Ms. Leonard worked for the United States Forest Service and the National Marine Fisheries Service on resource management issues and environmental assessment.

Gregory Morrison, attorney, Parsons Behle & Latimer, advises a variety of private and public interests on matters involving water acquisition and permitting, environmental compliance on the state and federal level, and property development and disputes.

Kevin Roukey, Principal, Kevin J. Roukey Natural Resources Consulting, administers and monitors all permit applications and oversees the preparation of USACE permit applications, and compliance and enforcement issues.

Dwight L. Smith, PE, PG, WRS, Owner and Principal Hydrogeologist at InterFlow Hydrology, Inc. specializes in groundwater resources evaluations, including water resources development feasibility, groundwater resources management, regional aquifer and watershed assessments, computer-aided groundwater flow modeling, groundwater recharge and sustainability evaluations, well design and pumping assessments, water rights surveying and research, design of dewatering systems and geochemical evaluations.

Paul G. Taggart, Esq., senior partner at Taggart & Taggart, Ltd., practices in real property, redevelopment and water law and handles complex and general civil litigation and administrative proceedings.

Michael J. Van Zandt, partner, Hanson Bridgett LLP, specializes in environmental law, natural resources law, adjudication, acquisition, transfer, and defense of water rights, and federal and state administrative law.

David Wathen, Chief Deputy Water Master of US District Court Water Master's Office, focuses on Reservoir Operations, Managed Diversions from Truckee and Carson River systems, Water Rights on Carson and Truckee River systems.