Law Seminars International Presents: 25th Annual Conference on New Developments for

Water Law in Washington
Opportunities and challenges: impacts of major case law, water rights, supply planning, management strategies, and project permitting

July 18 & 19, 2016
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, environmental and real estate professionals, corporate managers, governmental officials, Tribal representatives, resource managers, planners and anyone else involved in water issues

Why You Should Order

Recent Supreme Court opinions, the need to formulate responses to drought and water shortages in many areas, and the growing evidence of climate change impacts on water resources have created new challenges for water law practitioners, government officials, and stakeholders in Washington State. Building on prior years' conferences, the Washington Water Law conference will explore the impact of new case law and environmental factors on water availability for new uses and instream flow protection, and look at how these trends affect large projects such as dam removal, flood protection and fish habitat enhancements in over-appropriated basins. We will provide updates on litigation in the courts and before the Pollution Control Hearings Board, as well as on the just-concluded legislative session.

This conference promises thought-provoking discussions of numerous current issues of interest to water law practitioners, water users and resource managers. Beginning with an optional "Water Law 101" presentation on the fundamentals of water law, this timely conference brings together experts from a variety of perspectives and disciplines to share their experiences, challenges and insights regarding the changing water rights landscape, with a special focus on water rights permitting after the Foster v. Yelm decision, mitigation and water banking, long-term water supply planning, and a legislative look-ahead.

~ Program Co-Chairs: Jean O. Melious, Esq. of Nossaman LLP and Western Washington University and Thomas M. Pors, Esq. and Law Office of Thomas M. Pors

What You Will Learn


Monday, July 18, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Jean O. Melious, Esq., Program Co-Chair
Nossaman LLP/Western Washington University / Bellingham, WA

Thomas M. Pors, Esq., Program Co-Chair
Law Office of Thomas M. Pors / Seattle, WA

8:45 am

Optional "Water Law 101"

Fundamental concepts, and how they work together

Jacqui Brown Miller, Esq.
Cascade Pacific Law PLLC / Tumwater, WA

9:30 am

Ensuring Adequate Water Supplies from a Broad Policy Perspective: Climate Change and the Future of Water Rights Management

Policy developments at the Department of Ecology; update on implementation of The Yakima Basin Integrated Water Resource Management Plan (YBIP) and new Water Quality Standards for Protecting Human Health (fish consumption rates)

Thomas J. Loranger, Manager, Water Resources Program
Washington State Department of Ecology / Olympia, WA

10:15 am


10:30 am

Water Resource Planning and the Growth Management Act

From the Kittitas County settlement to the Hirst v. Whatcom County case and more recent challenges in Okanogan and other counties: Updates on the interrelation between water resource planning under the Growth Management Act and state water law

Jean O. Melious, Esq., Program Co-Chair
Nossaman LLP/Western Washington University / Bellingham, WA

Regulatory Perspective

Alan Reichman, Esq., Senior Counsel
Washington State Office of the Attorney General / Olympia, WA

Developer Perspective

Peter H. Dykstra, Esq.
Plauche & Carr LLP / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Water Rights Permitting and Changes After Foster vs. Ecology

How the Foster case changes the permitting process, including effects on the "Overriding Considerations of Public Interest" (OCPI) analysis, interpretation of instream flow rules, and legal standards that affect the nature and availability of mitigation

Thomas M. Pors, Esq., Program Co-Chair
Law Office of Thomas M. Pors / Seattle, WA

Dave Christensen, Section Manager, Water Resources Program Development
Washington State Department of Ecology / Olympia, WA

2:30 pm

Hydrogeological Perspectives on "Wet Water" Mitigation

Regulatory requirements, technical tools, limitations, and potential solutions towards protecting instream values

Tim Flynn, LHG, CGWP, President & Principal Hydrogeologist
Aspect Consulting LLC / Bainbridge, WA

Peter Schwartzman, LHG, Principal Hydrogeologist
Pacific Groundwater Group / Seattle, WA

3:30 pm


3:45 pm

Providing Water for Growth Through Mitigation: Implementation of the Kittitas Settlement

How it's working in terms of offsetting the impacts of new rural residential development on the Yakima River and aquifers in Kittitas County

Holly Myers, Environmental Health Supervisor
Kittitas County Public Health Department / Ellensburg, WA

Robin Read, MPH, Public Health Administrator
Kittitas County Public Health Department / Ellensburg, WA

Tim Trohimovich, Esq., Director, Planning & Law
Futurewise / Seattle, WA

5:00 pm

Adjourn Day One


Tuesday, July 19, 2016

8:30 am

Introduction to Day 2

Jean O. Melious, Esq.
Nossaman LLP/Western Washington University / Bellingham, WA

Thomas M. Pors, Esq.
Law Office of Thomas M. Pors / Seattle, WA

8:45 am

Providing Water for Growth Through Mitigation (cont'd): Dungeness Instream Flow Rule

How the water exchange is working to support new, sustainable water allocations in the basin while preventing further degradation to stream flows and fish habitat; potential impact of Bassett v. Ecology challenge to the Dungeness Rule

Susan Adams, Executive Director
Washington Water Trust / Seattle, WA

Kristina Nelson-Gross, Esq., City Attorney
City of Sequim / Sequim, WA

10:00 am


10:15 am

Planning and Scale Issues: Lessons from Large Projects

Elwha River dam removal and the impact of increased sediments in the water supply for the City of Port Angeles: How drinking water considerations fit into the overall project

William E. Bloor, City Attorney
City of Port Angeles / Port Angeles, WA

The Green/Duwamish and Central Puget Sound Watershed (WRIA 9) Plan: How it fits into the shared strategy, Federal and State cooperation

Doug Osterman, Salmon Recovery Manager, Green/Duwamish & Central Puget Sound Watershed
King County / Seattle, WA

Odessa Groundwater Replacement Program: Overview of project financing and planning for the Yakima and Columbia rivers

Melissa M. Downes
WA State Department of Ecology / Union Gap, WA

12:00 pm

Lunch (on your own)

1:15 pm

Special Day 2 Address: Local Government Perspective on Warmer Streams, Lower Flows, and Competing Needs

What tools, technologies and approaches can local governments, resource managers, utilities, and landowners use to address projected climate impacts?

Dow Constantine, Executive
King County / Seattle, WA

1:45 pm

Tribal Perspectives on the Most Pressing Issues Moving Forward

Climate change: What did we learn from the 2015 drought? What to expect for changes in precipitation quantities and timing, and the resulting impact on instream flows

Oliver Grah, Project Manager, Principal Investigator, Water Resources Program Manager
Nooksack Indian Tribe / Bellingham, WA

Implications of recent cases and administrative policy changes for Tribes

Emily Haley, Esq., In-House Counsel
Swinomish Indian Tribal Community / La Conner, WA

2:45 pm


3:00 pm

Legislative Look-Ahead: Interim Activities and Legislative Action on Water Issues During the 2016 Session

What the results of the 2016 short session suggest for the long session next year

Bill Clarke, Esq.
Bill Clarke, Attorney at Law & Government Affairs / Olympia, WA

Kristine Lytton, D-40th District
Washington State House of Representatives / Olympia, WA

4:00 pm

Evaluations and Adjourn



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 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 WA 12 CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


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

Faculty Bios

Jean O. Melious, Program Co-Chair, is a Professor of Environmental Studies, Western Washington University. She is also a partner at Nossaman LLP where she focuses on land use and environmental law. She represented four Whatcom County residents in the Hirst v. Whatcom County GMA/water case.

Thomas M. Pors, Program Co-Chair, Law Office of Thomas M. Pors, is a leader in the field of water rights permitting, transfers, and appeals, with a track record of finding creative, effective, and efficient solutions for his clients.

Executive Dow Constantine, Special Address, Executive, King County, founded the King County-Cities Climate Collaboration, a partnership with cities to work across political boundaries to set targets, pool resources, and make true progress in reducing greenhouse gas emissions (GHG). Under his direction, King County monitors for water quality and protects water bodies from polluted stormwater.

Susan Adams, Executive Director at Washington Water Trust, focuses on executive management, policy development, facilitation and negotiation with private, public and nonprofit organizations working on natural resource issues.

William E. Bloor, City Attorney, City of Port Angeles, works to protect the city's two water rights associated with the Elwha River affected by the Department of Interior's removal of two large dams.

Jacqui Brown Miller, principal, Cascade Pacific Law PLLC, specializes in water law, water resources, water quality, shoreline management, growth management, natural resources, and toxics. She has accepted a role as the Compliance and Enforcement Coordinator, Office of Drinking Water, Washington State Department of Health, where she facilitates water system compliance with federal and state safe drinking water laws.

Dave Christensen, Section Manager for Water Resources Program Development, Washington State Department of Ecology, is experienced in environmental, water resources and drinking water protection. He and his team develop rules, policies and work with the legislature to solve water resource management challenges.

Bill Clarke, Attorney at Law & Government Affairs, attorney and lobbyist in Olympia, represents clients in water rights and environmental permitting in the Washington State Legislature and before state agencies and local governments. He is a former member and Chair of the Pollution Control Hearings Board and Shorelines Hearings Board.

Peter Dykstra, Plauché and Carr LLP, creates and implements innovative programs in water resources, land transactions, landscape-scale conservation, ecosystem banking, and legislative and public engagement strategies on natural resource issues. He is Special Deputy Prosecuting Attorney for Kittitas County on water rights and water banking matters and is counsel to Trout Unlimited's Washington Water Project.

Tim Flynn, LHG, CGWP, President and Principal Hydrogeologist at Aspect Consulting, an earth science and engineering consulting firm, is experienced in water resources and water supply development, water right permitting, water banking, and aquifer storage and recovery.

Oliver Grah, Project Manager/Administrator, Principal Investigator, Water Resources Program Manager, Nooksack Indian Tribe, is experienced in water resources, soils, physical habitat, wetlands, restoration, environmental project management, IDT leader and coordination on projects including SEPA, NEPA, CWA, FSA, and ESA.

Emily Haley, In-House Counsel, Swinomish Indian Tribal Community, focuses on water law, treaty rights, reservation land title and boundary issues, and cultural resources. She represented the Tribe in the matter of Swinomish Indian Tribal Community v. Department of Ecology (Wash. 2013), Fox v. Skagit County (Wash. App. 2016).

Thomas J. Loranger, Manager, Water Resources Program, Washington State Department of Ecology, has worked with innovative approaches to toxics reduction and salmon recovery planning.

the Hon. Kristine Lytton, Representative, Washington State House of Representatives, represents the 40th Legislative District which includes San Juan County and parts of Skagit and Whatcom Counties. She serves as Chair of the Finance Committee, and is a member of Agriculture and Natural Resources and Appropriations Committees.

Holly Myers, Environmental Health Supervisor, Kittitas County Public Health Department, supervises environmental health inspectors and permit technicians in addition to managing environmental health aspect of public health. She manages the water resource program, which includes the Kittitas County Water Bank and Metering program.

Kristina Nelson-Gross is a Civil Deputy Prosecuting Attorney for Clallam County. Before joining the County, she was in private practice for two years, focusing on land use and water issues. She was an active participant in the development of the Dungeness Water Rule and later sought amendment of the rule.

Doug Osterman, Salmon Recovery Manager, Green/Duwamish & Central Puget Sound Watershed, King County, is a leader in natural resource planning and management. He coordinates and leads the inclusive partnership to address threatened Chinook salmon population of the Green-Duwamish and Central Puget Sound Watershed.

Robin Read, MPH, Public Health Administrator, Kittitas County Public Health Department, is experienced in health promotion and education, community engagement, community health assessment, and quality improvement. She has been part of Kittitas County's efforts in GMA compliance for water resources and the development of the Kittitas County Water Mitigation and Metering Program.

Alan Reichman, Senior Counsel, Washington State Office of the Attorney General, Ecology Division, is Section Manager for Water Resources and Lead Counsel to the Department of Ecology's Water Resources Program.

Peter Schwartzman, LHG, Principal Hydrogeologist at Pacific Groundwater Group, focuses his work on hydrogeologic site assessments, regional groundwater resource evaluations, water-supply development, modeling and contaminant hydrology.

Tim Trohimovich is Director of Planning and Law at Futurewise, a citizens' group that promotes healthy communities and cities, while protecting working farms and forests.