Law Seminars International Presents

The 16th Annual Conference on

Washington Water Law

New and Evolving Policy Priorities, Rules and Litigation

June 4 & 5, 2007
Washington State Convention and Trade Center in Seattle, WA
Register      Download PDF Brochure

Who Should Attend

Lawyers, real estate professionals, corporate managers, government officials, tribal representatives, planners and consultants

Why Attend

The legal, policy and environmental landscape for Washington water law is continually evolving. Building on prior years' Washington Water Law seminars, we will explore†the new†Puget Sound Partnership, progress on the Columbia River Initiative, policy priorities in Olympia,†potential new Washington and North Idaho adjudications, new developments in tribal water rights, new Municipal Water Law policies and information on the constitutional challenge to the 2003 municipal water law, water issues in energy development, and new†information on and responses to global climate change. This conference brings together experts from a variety of perspectives and disciplines to share their experiences, challenges, and success stories regarding this evolving landscape, as well as on other pressing issues. This conference also provides†critical case law and statutory updates for water law practitioners, water resources managers and water users. ~ Program Co-Chairs: Kathryn D. Gerla, Esq. and Matthew D. Wells, Esq.

What You Will Learn

--Historic roots and modern applications of water rights in Washington --Ensuring cool, clear, adequate supplies in Puget Sound --Regional initiatives on Columbia River Management --Legislative, court and board updates, including the PCHB --Idaho and Washington water adjudications --Tribal water rights court decisions and settlement initiatives --Municipal Water Law implementation and litigation --Impact of climate change on the water supplies --Water issues for energy development --Ethics issues in multi-party adjudications

What Attendees Have Said About Similar Programs

~ "Thank you for a very effective seminar. A testament of how good it was-- I stayed until 3:30 on Friday." -- [Joel W. Purdy, Senior Hydrogeologist, GeoEngineers, Inc. ~ "This is the one I try to attend as often as I can (even if I'm not speaking)." -- Steve Suagee ~ Kate (& team) you did it again -- such an explosion of solid information. Thank you! ~ All speakers were very good -- the program is so timely and interesting.


Monday, June 04, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Matthew D. Wells, Esq., Program Co-Chair
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
  Kathryn L. Gerla, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA
8:45 am Water Rights in Washington: Historic Roots and Modern Application
  How we got where we are today
  Jeff B. Kray, Esq.
Marten Law Group / Seattle, WA
  Today's system--acquiring, protecting and transferring rights
  Matthew D. Wells, Esq., Program Co-Chair
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
9:45 am The Puget Sound Partnership
  The need for a coordinated approach toward the environmental health of Puget Sound: How do we ensure adequate supplies of cool, clear water?
  Terry Williams, Fisheries & Natural Resources Commissioner
Tulalip Tribes of Washington / Tulalip, WA
  Kathy Fletcher, Executive Director
People For Puget Sound / Seattle, WA
10:45 am Break
11:00 am Implementing the Columbia River Basin Water Management Program
  EIS, early action alternatives, storage and conservation, permitting and reporting
  Daniel R. Haller, P.E., Columbia River Unit Supervisor
Washington State Department of Ecology / Yakima, WA
  Environmental perspective
  Michael Garrity, Esq., Associate Director, Columbia Basin Programs
American Rivers / Seattle, WA
  Shirley W. Nixon, Esq., Senior Attorney
Center for Environmental Law & Policy / Spokane, WA
12:00 pm Lunch (on your own)
1:15 pm Legislative, Court, and Board Updates
  Legislative update
  Kathleen Collins, Government Relations Consultant
Capitol Strategies / Olympia, WA
  Pollution Control Hearings Board (PCHB): Recent decisions and pending cases to watch
  Joseph A. Brogan, Esq.
Foster Pepper PLLC / Seattle, WA
  Trial and appellate court cases: Recent decisions and pending cases involving mitigation and other issues
  Alan Reichman, Esq., Assistant Attorney General, Ecology Division
Washington State Attorney General's Office / Olympia, WA
3:00 pm Break
3:15 pm Idaho and Washington Adjudications
  Interstate allocation potential and issues in the Coeur d'Alene-Spokane and Moscow-Pullman areas, where finite water resources are meeting growing municipal demand; overview of the USGS Spokane Valley Rathdrum Prairie Aquifer Study report
  Christopher H. Meyer, Esq.
Givens Pursley LLP / Boise, ID
  Idaho state perspective on the mechanics of adjudicating water rights and implications for residents and business
  Robert G. (Bob) Haynes, P.E., Regional Manager
Idaho Department of Water Resources / Coeur d' Alene, ID
  Washington state perspective
  Ben Bonkowski, Adjudication Section Manager
Washington State Department of Ecology / Olympia, WA
5:00 pm Reception Sponsored by Foster Pepper PLLC and Kirkpatrick & Lockhart Preston Gates Ellis LLP

Tuesday, June 05, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction to Day Two
  Kathryn L. Gerla, Esq,, Program Co-Chair
Foster Pepper PLLC / Seattle, WA
  Matthew D. Wells, Esq., Program Co-Chair
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
8:45 am Tribal Water Rights Developments
  A review of recent court decisions and Indian water rights settlement initiatives
  Robert T. Anderson, Esq., Director, Native American Law Center / Assoc. Professor
University of Washington School of Law / Seattle, WA
  Lummi groundwater adjudication
  Barbara A. Markham, Esq., Assistant Attorney General, Ecology Division
Office of Attorney General / Olympia, WA
  Harry L. (Skip) Johnsen, III, Esq.
Raas, Johnsen & Stuen, P.S. / Bellingham, WA
  Klamath Basin adjudication: Issues in the quantification of instream flows necessary to support treaty-reserved fishing rights
  Douglas W. MacDougal, Esq.
Schwabe, Williamson & Wyatt / Portland, OR
10:30 am Break
10:45 am Municipal Water Law Implementation and Litigation
  Policy documents, rules and other implementation efforts by the Departments of Ecology and Health
  Clifford D. (Doug) Rushton, Policy Analyst, Water Resources Program
Washington State Department of Ecology / Olympia, WA
  Deana Taylor, Technical Assistant to Field Operations, Office of Drinking Water
Washington State Department of Health / Olympia, WA
  Constitutional Challenge to the 2003 Municipal Water Law
  Kathryn L. Gerla, Esq,, Program Co-Chair
Foster Pepper PLLC / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Measuring the Impact of Climate Change on Water Supplies East and West of the Cascades
  Nature of the studies, current state of the science: What they imply for the best approach to a regional response
  Lara Whitely Binder, Outreach Specialist
University of Washington Climate Impacts Group / Seattle, WA
  Purveyor's perspective: Planning for an uncertain future
  Grant S. Degginger, Esq., Chair, Cascade Water Alliance / Mayor
City of Bellevue / Bellevue, WA
  Michael J. Robinson-Dorn, Esq., Assistant Professor of Law, Dir., Berman Environmental Law Clinic
University of Washington School of Law / Seattle, WA
  Government view
  Kurt Unger, Esq., Ph.D., Policy and Planning, Water Resources Program
Washington State Department of Ecology / Olympia, WA
3:00 pm Break
3:15 pm Water Issues for Energy Development
  Water forPower: Hydropower gave us an engine for economic growth and today facilitates wind power and other renewable resources but affects fishery resources. Thermal power needs water, too. How should the regulatory regime respond?
  Elizabeth Thomas, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
  Kenneth J. Gish, Jr.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
4:00 pm Ethics Issues in Multi-Party Adjudications
  Multi-party representation in adjudications
  Bill Clarke, Esq.
Mentor Law Group, PLLC / Olympia, WA
5:00 pm Evaluations and Adjourn


Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, 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.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, May 29, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 13 WA CLE credits including 1 ethics. WA Appraiser and Real Estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.


The conference will be held at the Washington State Convention and Trade Center at 800 Convention Place in Seattle, WA 98101. Sleeping rooms are available at the adjacent Sheraton Seattle Hotel (1400 Sixth Avenue, Seattle, WA 98104) for $189-209/nt. Register on-line at or via phone at 877-782-0128 and reference SET code 352710.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written 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 (whichever is later).
Order Homestudy

Faculty Bios

Kathryn L. Gerla, Program Co-Chair, is a member at Foster Pepper PLLC, where she focuses her practice on land use and environmental law. Previously, she was a Senior Assistant Attorney General with the Washington State Attorney General's Office, where she represented the Departments of Ecology and Natural Resources on various environmental issues.

Matthew D. Wells, Program Co-Chair, is a partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP. His practice involves environmental and land use law counseling and litigation, including water rights and water quality matters. He represents a claimant in the Acquavella (Yakima River) general stream adjudication, and others in matters involving new water rights, water right transfers, and water resources mitigation.

Robert T. Anderson is Director, Native American Law Center and Associate Professor at the University of Washington School of Law. He previously was the lead federal negotiator of Indian water rights disputes involving the Snake River Basin Adjudication, the Klamath River Basin general stream adjudication, and the Lummi Indian Nation water rights dispute.

Lara Whitely Binder is an Outreach Specialist at the University of Washington's Climate Impacts Group. She disseminates information to decision-makers on the impacts of climate variability and climate change on the Pacific Northwest, and supports decision-makers in the use of this information.

Ben Bonkowski is the Adjudication Section Manager in the Water Resources Program of the Washington State Department of Ecology. He has served on the State Drinking Water Advisory Committee, Municipal Water Use Efficiency Subcommittee and the Department of Ecology Sustainability Team.

Joseph A. Brogan, a member of Foster Pepper PLLC, concentrates in land use and environmental law, with a special emphasis on local, state and federal permitting, water resources, and land-use litigation. Previously, he was Program Coordinator in the King County Department of Natural Resources, Water and Land Resources Division.

Bill Clarke, a partner with Mentor Law Group, PLLC, practices natural resource, environmental, and land use law and advises private, public, and non-profit clients in permitting, regulatory matters, and appeals. He also represents clients in the Washington State Legislature and is a former member and chair of the Pollution Control Hearings Board and Shorelines Hearings Board.

Kathleen Collins is a Government Relations Consultant with Capitol Strategies. She provides lobbying and policy development services for private and public clients.

Grant S. Degginger is Chair of the Cascade Water Alliance, Mayor of the City of Bellevue, and a shareholder at Lane Powell PC, where he is a member of the Environmental Practice Group and chairs the Construction Litigation Practice Group.

Kathy Fletcher, Founder and Executive Director of People For Puget Sound, served on Governor Gregoire's Puget Sound Partnership. She also sits on the Northwest Straits Commission and the Washington State Oil Spill Advisory Council. During the Carter Administration she was on the Domestic Policy Staff handling environmental and natural resource issues.

Michael Garrity is Associate Director of Columbia Basin Programs at American Rivers' Northwest Regional Office. In his current position, he works to ensure that any new municipal and agricultural water supplies in the Columbia Basin are developed in a manner that does not adversely affect instream flows for salmon and steelhead. He also directs American Riversí campaign to recover wild salmon and steelhead in the Snake River basin.

Kenneth J. Gish, Jr., Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses his practice on water rights, water quality and environmental litigation, as well as the regulatory aspects of the energy and utilities industry. His clients include a major claimant in the Yakima River adjudication in Washington.

Daniel R. Haller is the Columbia River Unit Supervisor for the Washington State Department of Ecology where he implements activities such as permitting, trust water acquisitions, legislative reporting, policy development, metering, compliance and public outreach. Previously, he served as the regional policy lead and Ecology's expert on irrigation and municipal engineering.

Robert (Bob) G. Haynes is the Regional Manager of the Idaho Department of Water Resources, and a professional engineer. He is Chairman of the Department of Water Resources' Rathdrum Prairie Ground Water Management Area Advisory Committee and a member of the Management Committee for the Rathdrum Prairie-Spokane Valley Aquifer Study.

Harry L. (Skip) Johnsen, III is a partner at Raas, Johnsen & Stuen, P.S., a firm that has represented the Lummi Nations since 1977. Previously, Mr. Johnsen was attorney and director of the Colville Confederated Tribes Legal Office.

Jeff B. Kray is a partner at Marten Law Group focusing on water resources, water quality, and environmental, civil, and appellate litigation. He was previously an Assistant Attorney General with the Washington AG's Office and is named a "Super Lawyer" by "Washington Law & Politics."

Douglas W. MacDougal, shareholder at Schwabe, Williamson & Wyatt, specializes in water rights law, including ESA Section 7 Consultations and the ongoing Klamath Adjudication, and representation of ports, irrigation water users, ranches and municipalities, federal and tribal entities.

Barbara A. Markham, Assistant Attorney General with the Washington Office of Attorney General, focuses on water resource issues and litigation work, representing the Department of Ecology in state and federal courts as well as before the Pollution Control Hearings Board.

Christopher H. Meyer, partner with the Boise law firm Givens Pursley LLP, practices in the fields of water, land use, environmental, and constitutional administrative law. He is listed in "Best Lawyers in America," "Chambers USA," and is described in the Idaho Yearbook Directory as a "key figure in Idaho water law."

Shirley Nixon is Senior Attorney at the Center for Environmental Law and Policy (CELP), a non-profit public interest organization dedicated to leaving a leagacy of clean, flowing waters for Washington. She headed CELP's litigation team in CELP vs. Ecology and the Quad Cites, a dispute over the issuance of new water rights from the Columbia River. Ms. Nixon and CELP remain actively involved in monitoring state and regional water management efforts in the Columbia Basin.

Alan Reichman, an Assistant Attorney General for the Ecology Division of the Washington State Attorney General's Office, is Section Manager for the Water Resources Section and lead counsel to the Department of Ecology's Water Resources Program.

Michael J. Robinson-Dorn, Assistant Professor of Law and Director of the Berman Environmental Law Clinic at the University of Washington School of Law, teaches environmental and administrative law. Previously, he directed the City of Seattle's Environmental Protection Section.

Clifford D. (Doug) Rushton is a Policy Analyst for the Water Resources Program, Washington State Department of Ecology.

Deana Taylor, Technical Assistant to Field Operations for the Washington State Department of Health Office of Drinking Water, is responsible for working on implementation for a broad range of drinking water issues. She has been involved with DOH's implementation of all aspects of the 2003 Municipal Water Law since its passage.

Elizabeth Thomas, partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, represents municipalities, utilities, non-utility generators and private entities on a broad spectrum of energy, water, wastewater, telecommunications and other utility issues.

Kurt Unger is a hydrogeologist for the Department of Ecology's Water Resources Program. Kurt serves as the Stateís drought coordinator and the Programís legislative liaison and lead staffer for climate change.

Terry Williams is Fisheries & Natural Resources Commissioner for the Tulalip Tribes of Washington and a member of the Northwest Indian Fisheries Commission. During the past 25 years, he has served on a number of state and federal policy-making and advisory commissions addressing natural resource issues.