Law Seminars International Presents: The Third Annual Comprehensive Conference on

Tribal Water in Arizona
New Devleopments for Indian water rights, regulations, and settlement processes



January 21 & 22, 2016
Radisson Phoenix North in Phoenix, 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 parties must consider Tribal reserved water rights and water rights established under state law. As parties enter into water right settlements States, Tribes, and private water users must work together and consider how best to navigate the legislative process with the Congress and the Administration. Additional concerns faced by the parties such as regional water scarcity, the depletion of groundwater aquifers, increasing water demands and ongoing efforts to reconcile federal environmental law with Tribal and private water rights, add to the complexity of Tribal water settlements.

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 the experiences of parties to recent Tribal water rights 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 Indian 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 utilizing water banking and groundwater recharge.

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

What You Will Learn

What Attendees Said



Agenda

Thursday, January 21, 2016

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

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

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

 
8:45 am

Update on Indian Law and Indian Reserved Water Rights

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

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

 
9:15 am

Water Supplies: Long Range Regional Precipitation Forecast for the Southwest

Forecasting science and current predictions: Will the current drought conditions continue, or can we look forward to more abundant supplies?

Nancy J. Selover, Ph.D., State Climatologist
Office of the Arizona State Climatologist / Tempe, AZ

 
10:00 am

Break

 
10:15 am

Water Supply Planning: A Case Study of Arizona

Update on the State of Arizona's water supply programs and policies

Gerry Walker, Assistant Deputy Director
AZ Department of Water Resources / Phoenix, AZ

Update on expected Central Arizona Project (CAP) supplies

David Johnson, Esq., Staff Attorney
Central Arizona Project / Phoenix, AZ

 
11:15 am

Groundwater Utilization, Recharge, and Conservation on Indian Reservations

Legal and technical aspects

Christopher W. Payne, Esq.
Snell & Wilmer / Phoenix, AZ

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

 
12:15 pm

Lunch (on your own)

 
1:30 pm

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

Overview of changes to the rules; impacts on Indian water use and management; how the changes can create a need to restructure water rights settlements

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

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

 
2:45 pm

Break

 
3:00 pm

Data Collection: Technical Tips for Having the Evidence You Need to Make Your Legal Case on Water Rights Issues

Step-by-step processes for water rights data collection; roles for technical consultants and federal officials

C. Eugene Franzoy, P.E.
Franzoy Consulting, Inc. / Peoria, AZ

Leslie A. Meyers, P.E., Area Manager, Phoenix Area Office
U.S. Department of the Interior / Glendale, AZ

 
4:00 pm

Indian Water Banking

Virginia O'Connell, Manager
Arizona Water Banking Authority / Phoenix, AZ

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

 
5:00 pm

Adjourn Day One

 

Friday, January 22, 2016

8:30 am

Introduction to Day Two

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

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

 
8:45 am

Congressional Outlook for Indian Water Rights Settlements: Prospects for Future Congressional Action

L. Michael Bogert, Esq.
Parsons Behle & Latimer / Boise, ID

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

 
10:15 am

Break

 
10:30 am

Federal Settlement Process and Funding Issues (Bishop Letter)

The federal government's role and policy priorities for negotiating Indian water right settlements

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

Tips from the trenches for working with the federal government on settlement issues

John E. Echohawk, Esq., 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

Case Study of the Hualapai Settlement

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

Kenneth Slowinski, Esq., Chief Counsel
Arizona Department of Water Resources / Phoenix, AZ

Sandra Fabritz-Whitney, Director, Water Strategy
Freeport-McMoRan Copper & Gold Inc. / Phoenix, AZ

The Hon. Sherry J. Counts, Tribal Council Chairwoman
Hualapai Tribe / Peach Springs, AZ

 
2:45 pm

Break

 
3:00 pm

Update on Other Recent Tribal Water Rights Settlement Activities

Overview of pending Tribal/state water settlements

Michelle Bushman, Esq., Legal Counsel
Western States Water Council / Salt Lake City, UT

 
3:30 pm

Wrap Up Thoughts on Tribal Water Rights

Tips for navigating complicated processes and negotiations that require years of persistent effort to come to fruition

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

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

 
4:30 pm

Evaluations and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For Tribes, government employees, we offer a special rate of $595. For students, people in their job for less than a year, and public interest NGO's, 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.

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

Continuing Education Credits

Live credits: This program qualifies for 12.5 AZ CLE. 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, practices water, mining, natural resources, energy and environmental law as part of the firm's Natural Resources 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.

Reid P. Chambers, moderator, 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.

L. Michael Bogert, Managing Shareholder, Parsons Behle & Latimer, is the former Regional Administrator of the U.S. Environmental Protection Agency's Region 10 office, former counselor to Interior Secretary Dirk Kempthorne and was Gov. Kempthorne's principal legal advisor.

Michelle Bushman, Legal Counsel of 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.

Reid P. Chambers, moderator, 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.

The Hon. Sherry J. Counts, Tribal Council Chairwoman, Hualapai Tribe, has worked in the community as a Pastor, Tribal Council Member, and Vice-Chairman of the Hualapai Tribe.

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.

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.

Sandra Fabritz-Whitney is the Director of Water Strategy for Freeport-McMoRan Copper & Gold Inc. Previously, she was the Director of the Arizona Department of Water Resources and chairperson of the Arizona Water Banking Authority. She was on the Blue Ribbon Panel on Water Sustainability and was a primary contributor to the development of the Arizona Drought Preparedness Plan.

C. Eugene Franzoy, P.E, 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.

David Johnson, Senior Attorney, Central Arizona Project (CAP), advises the office of the General Manager on Colorado River issues, Indian water rights, and environmental and natural resources issues.

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.

Leslie A. Meyers, P.E., Area Manager, Phoenix Area Office of U.S. Department of the Interior, Bureau of Reclamation, 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., R.G., 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.

Virginia O'Connell, Manager, Arizona Water Banking Authority, was in Recharge, Municipal Conservation, and Adequate and Assured Water Supply Programs within the Phoenix Active Management Area Office of the Arizona Department of Water Resources.

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

Christopher W. Payne, attorney, Snell & Wilmer, focuses on land use and natural resources including water, mining, environmental, and real estate law. Previously, he was a civil engineer conducting water supply and water development studies, floodplain delineation, solid waste planning, and grading and drainage design.

Nancy J. Selover, Ph.D., State Climatologist, Office of the Arizona State Climatologist, educates groups on climate topics including the urban heat island, monsoon, drought, extreme weather, climate change, and Arizona's climate. She interfaces with state and city agencies, private businesses, researchers, and the public, providing climate data and information to assist these groups.

Kenneth Slowinski, Chief Counsel, Arizona Department of Water Resources, is experienced in the 1980 Groundwater Management Act, recharge laws, surface water laws, dam safety laws, Indian water rights issues and laws relating to the Colorado River.

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, Director, Indian Water Rights Office at the U.S. Department of the Interior. Prior to joining the Department, she was Assistant Attorney General for the Navajo Nation and Associate Tribal Attorney for the Colorado River Indian Tribes.