Law Seminars International Presents

Thirteenth Annual Conference

Washington Water Law

Instream Flows, Municipal Water Rights, Litigation Updates

May 6 & 7, 2004
Renaissance Seattle Hotel in Seattle, WA
Order      Download PDF Brochure

Who Should Order Homestudy

Lawyers, real estate executives, land owners, utility, tribal and government representatives, corporate managers, planners and consultants

Why Order

"Balancing instream and out-of-stream water needs is the touchstone of this year’s Washington Water Law conference. Current and future economic and population growth, and fishery and habitat needs are placing stress on our limited physical resources and on our policy, legal, and scientific institutions. Many tools already exist to address instream flow issues, and many in the water community are using them to achieve positive results.This seminar brings together experts from a variety of perspectives and from other western states to share their experiences, challenges, and success stories." ~ Program Co-Chairs: Adam Gravley, Esq. and Matthew D. Wells, Esq.

What Attendees Said

"Great content and speakers." "Very good conference."

Agenda

Thursday, May 06, 2004
8:30 am Washington Water Law Issues in 2004
  Adam Gravley, Esq., Program Co-Chair
 Buck & Gordon LLP / Seattle, WA
  Matthew D. Wells, Esq., Program Co-Chair
 Preston Gates & Ellis, LLP / Seattle, WA
8:45 am Instream Flows - Part I, Today
  Current tools, project mitigation
  Adam Gravley, Esq., Program Co-Chair
 Buck & Gordon LLP / Seattle, WA
  Mark A. Clark, Executive Director
 Washington State Conservation Commission / Olympia, WA
  James Darwin "Dar" Crammond, Esq., Water Rights Program Manager
 U. S. Bureau of Reclamation / Yakima, WA
  Peter Dykstra, Esq., Project Manager
 Washington Water Trust / Seattle, WA
10:15 am Break
10:30 am Instream Flows - Part II, "Federal Flows"
  HCP's and flows
  Laura B. Wishik, Esq., Director, Environmental Protection Section
 Seattle City Attorney's Office / Seattle, WA
  FERC/Hydro Licensing and flows
  William "Will" W. Stelle, Jr., Esq.
 Preston Gates & Ellis LLP / Seattle, WA
  Treaty-protected flows
  Mason D. Morisset, Esq.
 Morisset, Schlosser, Jozwiak & McGaw / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm Instream Flows - Part III, the Future
  What needs to be done?
  Jay J. Manning, Esq.
 Brown Reavis & Manning PLLC / Olympia, WA
  State Perspective
  Hal Beecher, Ph.D
 Washington State Department of Fish & Wildlife-Habitat Division / Olympia, WA
  Legislative update, what happened, what didn't
  Kathleen Collins, Government Relations Consultant
 Capitol Strategies / Olympia, WA
2:45 pm Towards Better Water Rights Dispute Resolution Processes
  Update on the recommendations of the Water Disputes resolution Task Force; what's likely to happen next
  Sidney Phillip Ottem, Esq., Court Commissioner
 Yakima County Superior Court / Yakima, WA
3:15 pm Break
3:30 pm Litigation Update
  PCHB and Appellate decisions
  Sarah Mack, Esq.
 Mentor Law Group, PLLC / Seattle, WA
  Alan M. Reichman, Esq., Assistant Attorney General
 Washington State Office of the Attorney General / Olympia, WA
  Acquavella Rulings
  Lawrence "Larry" E. Martin, Esq.
 Halverson & Applegate, PS / Yakima, WA
  Acquavella rulings - Approaches to Resolution
  Gerald "Jerry" W. Cormick, Esq., Ph.D, Principal
 The CSE Group / Mill Creek, WA
5:30 pm End of Day

Friday, May 07, 2004
8:45 am Implementation of 2003 Municipal Water Rights and Efficiency Legislation (SSHB 1338)
  Department of Health
  Jim Rioux, Special Assistant to the Director
 Washington State Department of Health Office of Drinking Water / Olympia, WA
  Department of Ecology
  Alan Reichman, Esq.
 Washington State Attorney General's Office / Olympia, WA
  Municipal Utility Perspective
  Thomas "Tom" D. Mortimer, Jr., Esq.
 Law Office of Tom Mortimer / Seattle, WA
10:00 am Break
10:15 am Can We Accommodate Growth and Protect Instream Flows? A Skagit River Perspective
  Status report on the appeal of the Washington Department of Ecology rules setting minimum instream flows for the Skagit River
  Adam Gravley, Esq., Moderator
 Buck & Gordon LLP / Seattle, WA
  Status report on the appeal of the Department of Ecology rules setting minimum in stream flows for the Skagit River
  Joseph "Joe" A. Brogan, Esq.
 Foster Pepper & Shefelman PLLC / Seattle, WA
  Staturs Report on the appeal of the Washington Department of Ecology rules setting minimum instream flows fro the Skagit River
  Harry Chesnin, Esq.
 Upper Skagit Indian Tribe / Seattle, WA
  Status report on the appeal of the Department of Ecology rules setting minimum in stream flows for the Skagit River
  Joe Mentor, Jr., Esq., Principal Member
 Mentor Law Group PLLC / Seattle, WA
  Status report on the appeal of Department of Ecology rules setting minimum in stream flows for the Skagit River
  Daniel Swenson, Section Manager, Water Resources Program
 Dept of Ecology / Bellevue, WA
  Larry Wasserman, Environmental Services Director
 Skagit River System Coooperative / La Conner, WA
12:00 pm Lunch (on your own)
1:15 pm Special Address: Indian Reserved Water Rights
  Susan M. Williams, Esq.
 Williams & Works, PA / Corrales, NM
2:00 pm ESA and Water Rights Intersection - the Discussion Continues
  Tulare Lake & Okanogan County Takings Cases
  John B. Arum, Esq.
 Ziontz, Chestnut, Varnell, Berley & Slonim / Seattle, WA
  Tulane Lake & Okanogan County Takings Cases
  Russell C. Brooks, Esq.
 Pacific Legal Foundation / Bellevue, Wa
3:15 pm Break
3:30 pm In Depth Analysis: Instream Resources Protection Program for the Columbia River
  Perspectives on the January 2004 final economic impact analysis; the National Academy of Sci-ences study on Hydrology scheduled to be re-leased March 31st; and the Department of Ecol-ogy’s two-phase rulemaking; permit applications; and settlements
  Charlie de La Chapelle
 Yakima Basin Storage Alliance / Prosser, WA
  Shirley Waters Nixon, Esq., staff attorney
 Center for Environmental Law & Policy / Seattle, WA
  Darrell Olsen, Ph.D., Principal
 Pacific Northwest Project / Kennewick, WA
5:15 pm Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is WA CLE 14 (#120146) | CA MCLE 14.25 | NY CLE 16.5 (0 ethics, nontransitional)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Adam Gravley is a partner at Preston Gates & Ellis LLP where he practices water law, local government and public utility law. Recent projects include representation of the Washington Water Utility Council and the City of Yakima Acquavella adjudication.

Matt Wells' practice centers around environmental and land use law counseling and litigation, and emphasizes marine and fresh water issues.

Susan M. Williams is a shareholder in Williams & Works, P.A., an Indian and woman-owned law firm. She successfully argued the Big Horn case before the U.S. Supreme Court and serves on several boards of directors and national advisory committees on state-tribal relations, resource development, and environmental protection.

John B. Arum is a partner at Ziontz, Chestnut, Varnell, Berley and Slonim where he practices in the areas of federal Indian law, water law, and environment and land use law. He is currently representing a coalition of environmental groups who have intervened as defendants in Okanogan County v. NMFS, a challenge to the Endangered Species Act involving water diversions in the Methow River Basin.

Hal Beecher, Ph.D., is an instream flow biologist for the Washington Department of Fish and Wildlife, where he is lead for the Water Team.

Joseph A. Brogan was Program Coordinator in the King County Department of Natural Resources, Water and Land Resources Division before joining the Land Use Practice Group and the Environmental Practice Group at Foster Pepper & Shefelman PLLC.

Russell C. Brooks is the Managing Attorney of Pacific Legal Foundation's Northwest Office in Seattle, WA. Mr. Brooks represents natural resources advocates and service providers by litigating trial and appellate cases in state and federal courts involving environmental and constitutional issues, including the Endangered Species Act. Mr. Brooks is lead counsel in several cases involving common sense reform of the ESA. Mr. Brooks is also a frequent speaker and media resource regarding constitutional and environmental issues.

Harry Chesnin is General Counsel to the Confederated Tribes of the Chehalis Reservation and General Counsel to the Upper Skagit Indian Tribe consisting of a full range of Indian Law and related representation including inter alia, governmental affairs, gaming, economic development, banking relationships, fishing rights litigation, and treaty rights.

Mark A. Clark is Executive Director of the Washington State Conservation Commission, and was previously the Conservation Reserve Enhancement Program (CREP) Coordinator.

Kathleen Collins is a government relations consultant who provides lobbying and policy development services for private and public clients. One of her clients is the Washington Water Policy Alliance, a coalition of business, agriculture and municipal interest groups who are working on state water resource issues.

Gerald "Jerry" W. Cormick is a Principal in The CSE Group offering mediation, consultation and training services. His current assignments include endangered species and water issues on the Lower Colorado River. Dr. Cormick is on the faculty of the University of Washington.

James Darwin "Dar" Crammond, a hydrologist and lawyer, is the Water Rights Program Manager for the U.S. Bureau of Reclamation in Yakima.

Charlie de La Chapelle is the founder of the Yakima Basin Storage Alliance. Along with his father he is a farmer raising apples and pears in the Lower Yakima Valley.

Peter Dykstra is currently Project Director with Washington Water Trust, a private, nonprofit organization whose mission is to restore and enhance streamflows in Washington State’s rivers and streams by acquiring existing water rights from willing water right holders and protecting those water rights as instream flows.  Prior to joining Washington Water Trust, Peter practiced water, land use, environmental, and agriculture law in the private sector and at the Washington State Attorney General’s Office. Peter received his J.D., cum laude, and M.P.A. in Environmental Policy and Nonprofit Management from Indiana University in 1997.

Sarah Mack is an attorney with Mentor Law Group, PLLC where her practice emphasizes complex project permitting, including water rights, water supply planning, and administrative and judicial appeals, for both public sector clients and private developers.

Jay J. Manning is a partner with Brown, Reavis & Manning, PLLC, where his practice includes all areas of environmental law. Previously in the Attorney General’s Office, he was chief counsel for the State Department of Ecology.

Lawrence E. Martin, a partner at Halverson & Applegate, PS, practices general law with an emphasis on litigation and water law. He serves on the firm’s Recruiting, Training and Associate Committees.

Joe Mentor, Jr. practices law in Seattle with the Mentor Law Group, PLLC. Mr. Mentor concentrates his practice in the areas of water and natural resources development. His firm offers a full range of services, from governmental relations and advocacy, to permitting and litigation, and everything in between. He works for a wide variety of clients in the private, public and nonprofit sectors. He recently developed and implemented water supply and natural resources mitigation strategies for Trendwest Resorts’ MountainStar Master Planned Resort in Roslyn, Washington.

Mason D. Morisset, Morisset, Schlosser, Jozwiak & McGaw, has been a natural resources litigator for over 35 years, including three successful cases in the U.S. Supreme Court, Antoine v. Washington (1975); Washington Fishing Vessel Association (1979); and Arizona v. California (2000).

Thomas "Tom" D. Mortimer, Jr. is an attorney with over 17 years of experience working for public utilities and private sector entities on matters relating to state water law. He currently serves as special legal counsel to numerous western Washington municipalities, special districts and private sector development firms.

Shirley Waters Nixon is Staff Attorney for the Center for Environmental Law and Policy (CELP) where her advocacy for the Columbia River includes heading CELP’s Columbia River Team and litigating CELP vs. Ecology and the Quad Cities.

Darryll Olsen is principal for the Pacific Northwest Project, a regional planning/resource economics consulting firm. He has 18-years of experience working on Columbia River Basin water, energy and environmental resources issues. He is also a Board Representative to the Columbia-Snake River Irrigators Association.

The Hon. Sidney P. Ottem, Court Commissioner for the Yakima County Superior Court, presides over the Yakima Basin Stream of Adjudication. He is also a member of the Water Disputes Task Force.

Alan Reichman is an Assistant Attorney General for the Ecology Division of the Washington State Office of the Attorney General. He counsels the Department's Water Resources Program and currently serves as lead attorney for the Department in DOE v. Acquavella.

Jim Rioux is currently the Water Resources Lead for the Division of Drinking Water at the Washington State Department of Health. Mr. Rioux has worked at the state DOH since 1998 in the areas of water resources and utility planning.

William W. Stelle, Jr. is a partner at Preston Gates & Ellis LLP with over 20 years experience in environmental and natural resource law and leads the firms Endangered Species Practice Group. Previously, he was Regional Director of the National Marine Fisheries Service.

Dan Swenson is the Water Resources Manager for the Washington State Department of Ecology’s Northwest Regional Office. He has been in this position for six years and with the Department of Ecology for 22 years.

Larry Wasserman is the Environmental Services Director for the Skagit River System Cooperative, a fisheries management organization of the Swinomish, and Sauk-Suiattle Indian Tribes. He oversees environmental review of land and water management issues related to salmon protection throughout the Tribes’ usual and accustomed fishing areas.

Laura B. Wishik is the Director of Environmental Protection Section for the Seattle City Attorney’s Office. She and the attorneys under her supervision provide legal advice and representation to all City of Seattle departments, regarding the full range of environmental matters. She is the lead attorney representing Seattle in an appeal by the Muckleshoot Indian Tribe of the Incidental Take Permit issued by NMFS for Seattle’s Cedar River Habitat Conservation Plan.