Law Seminars International Presents: The 17th Annual Conference on

Washington Water Law 2008
New and Evolving Policy Priorities, Rules and Litigation

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(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

April 10 & 11, 2008
Washington State Convention and Trade Center in Seattle, WA

Who Should Order This Homestudy

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

Why Order

The legal, policy and environmental landscape for Washington water law continues to evolve. Building on prior years' Washington Water Law seminars, we will explore policy priorities in Olympia, issues and concerns relating to reclaimed water development and use, new initiatives in the areas of groundwater management and water right mitigation, and recent developments in the legislature, the courts, and the Pollution Control Hearings Board.

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 other pressing issues. The program also provides critical updates and thought-provoking discussions for water law practitioners, water users and resources managers.

~Program Co-Chairs: Kathryn L. Gerla, Esq. and Sarah E. Mack, Esq.

You Will Learn About

Agenda

Thursday, April 10, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

Kathryn L. Gerla, Esq.
Foster Pepper PLLC / Seattle, WA

Sarah E. Mack, Esq.
Tupper Mack Brower PLLC / Seattle, WA

 
8:45 am

Current Washington Water Rights Issues in the Context of Historic Roots of Washington's Water Law

How we got where we are today, and the resulting structure for today's system for acquiring, protecting and transferring rights

Jeffrey B. Kray, Esq.
Marten Law Group / Seattle, WA

 
9:30 am

Special Address: Current Water Supply Priorities at the Department of Ecology

Implementation of legislative mandates, coordination with stakeholders, and development of policies to address water shortage, climate change, and other challenges facing Washington

Evan Sheffels, Esq., Special Assist.to the Dir. for Water Policy
Washington State Department of Ecology / Olympia, WA

 
10:15 am

Break

 
10:30 am

Water Law Updates

Municipal Water Law litigation in King County Superior Court

Kathryn L. Gerla, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Pollution Control Hearings Board: Recent decisions and pending cases to watch

Sarah Mack, Esq., Program Co-Chair
Tupper Mack Brower PLLC / Seattle, WA

Recent judicial decisions and pending cases

Alan Reichman, Esq., Assistant Attorney General
Office of the Attorney General / Olympia, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Water Law Implications of U.S. v. Washington (the salmon/culvert case) and Cowlitz County v. Martin (the salmon/condemnation case)

If the State has a treaty-based duty to preserve fish runs, does that lead to a requirement to maintain stream flows in culverts? Would Cowlitz County v. Martin apply to water rights? What are the resulting impacts on water rights?

Mason D. Morisset, Esq.
Morisset Schlosser Jozwiak & McGaw / Seattle, WA

Laura Beth Wishik, Esq., Dir., Environmental Protection
Seattle City Attorney's Office / Seattle, WA

 
3:30 pm

Break

 
3:45 pm

Legislative Update

What passed and didn't pass; current political dynamics and what they portend for the future of water rights in Washington

Kathleen Collins, Government Relations Consultant
Capitol Strategies / Olympia, WA

 
4:00 pm

Status Report on Proposed North Idaho Adjudication and its Implications for Washington

The political dynamics in Idaho and how they led to the results of the 2008 Idaho legislative session

Robert G. Haynes, Regional Manager
Idaho Department of Water Resources / Coeur d' Alene, ID

Washington state perspective on the impact of what Idaho does on Spokane River stream flows and what should happen next

Ken Slattery, Program Manager, Water Resources Program
Washington State Department of Ecology / Olympia, WA

 
5:00 pm

Reception

Sponsored by Foster Pepper PLLC and Tupper Mack Brower PLLC

 

Friday, April 11, 2008

8:00 am

Registration and Continental Breakfast

 
8:30 am

New Developments in Columbia River Basin Management

Lake Roosevelt drawdown and beyond; implementation of the 2006 legislation

Daniel R. Haller, P.E., Columbia River Unit Supervisor
Washington State Department of Ecology / Yakima, WA

 
9:15 am

Legal and Practical Issues in Mitigation

Determining hydraulic continuity and ground water/surface water interaction: Successful and not-so-successful mitigation proposals

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

Joseph E. Becker, L.HG.,P.G., President, Principal Hydrogeologist
Robinson, Noble & Saltbush, Inc. / Tacoma, WA

 
10:15 am

Break

 
10:30 am

Exempt Groundwater Withdrawals and Local Government Land Use Authority: The Kittitas County Example

The Memorandum of Agreement between Ecology and Kittitas County on limitation of exempt withdrawals; how will it work and what are the implications?

Derek Sandison, Central Regional Director
Washington State Department of Ecology / Yakima, WA

Tom Ring, Hydrogeologist
Yakama Nation Water Resource Program / Toppenish, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Reclaimed Water: Current Issues

Panel discussion on reclaimed water development and use, including legislative mandates, rulemaking status and current issues and concerns

Karla Fowler, Planning and Programs Director
LOTT Alliance / Olympia, WA

Chris McCabe, Esq., Governmental Affairs Director
Association of Washington Business / Olympia, WA

Melissa McEachron, Esq., Senior Rule & Policy Analyst, Wastewater Program
Washington State Department of Health / Tumwater, WA

Dawn Vyvyan, Esq.
The Vyvyan Law Office / Seattle, WA

 
3:30 pm

Evaluations and Adjourn

 

Cancellation

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

Continuing Education Credits

This program qualifies for 12 WA CLE credits and 14 WA Appraiser credits and 12 AICP/APA. WA Real Estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.

Cost

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 and a member at Foster Pepper PLLC, focuses 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.

Sarah E. Mack, Program Co-Chair and partner at Tupper Mack Brower PLLC, focuses on land use, natural resources and environmental law, with an emphasis on project permitting and environmental review, water rights, and administrative and judicial appeals. She has been recognized as a "Super Lawyer" by Washington Law & Politics.

Joseph E. Becker, President, General Manager and a Principal Hydrogeologist for Robinson, Noble & Saltbush, Inc., specializes in conducting hydrogeologic assessments that fulfill regulatory needs for groundwater studies and developing complex numerical computer models to assist in the evaluation of groundwater flow parameters, analysis of groundwater-surface water interactions and wellhead protection programs.

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

Karla Fowler, Planning and Programs Director at LOTT Alliance, is responsible for overall management of reclaimed water programs, wastewater flow reduction, environmental evaluations, agency planning, public information and involvement, regulatory permitting, industrial pretreatment and biosolids management. Previously she co-owned and managed a public relations consulting firm specializing in government clients and environmental projects.

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.

Jeffrey B. Kray, partner at Marten Law Group, focuses on water resources, water quality, and environmental, civil and appellate litigation. Previously he was an Assistant Attorney General with the Washington Attorney General's Office. He is listed as a "Super Lawyer" by Law & Politics and co-chair of the 2008 ABA Water Law Conference.

Chris McCabe, Director of Governmental Affairs for Environmental Policy, represents The Association of Washington Business members before the Legislature and state agencies on land use, water and energy issues. Previously he was a legislative aide for the U.S. Senate and Washington State House of Representatives.

Melissa McEachron, Senior Rule and Policy Analyst at the Washington State Department of Health, Environmental Health Division, Wastewater Program, specializes in legislative rule development activities for state agencies. She is the lead for the Large On-site Sewage System Rule. Previously she was lead for the Reclaimed Water Use Rule at the Department of Ecology.

Mason D. Morisset, senior director at Morisset, Schlosser, Jozwiak & McGaw, focuses on treaty rights, federal Indian and natural resource law. He argued a case in the U.S. Supreme Court involving tribal water rights.

Thomas M. Pors, principal of Law Offices of Thomas M. Pors, focuses on water rights, project permitting and appeals, water quality issues, regulatory compliance, and litigation. He has written several articles and is a frequent lecturer on the subject of water rights, endangered species and land use.

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.

Tom Ring, hydrogeologist with the Water Resources Program of the Yakama Nation, focuses on projects involving groundwater and surface water quantity and quality, water rights, irrigation and planning for future needs. Previously he was with the Water Resources Program at the Washington Department of Ecology.

Derek Sandison, Central Regional Director of the Washington State Department of Ecology, was recently the project manager and SEPA-responsible official for the Columbia River Basin Management Environmental Impact Statement. Previously he was project manager and principal author of Ecology's statewide Environmental Impact Statement for Watershed Planning.

Evan Sheffels, Special Assistant for Water Policy, Washington State Department of Ecology, focuses on policy development and direction with water management issues. Previously he was Senior Counsel for Senate Committee Services, and Senior Counsel for the Senate Republican Caucus, advising water, environment, agriculture and natural resource committees.

Ken Slattery, Program Manager of the Water Resources Program at the Washington State Department of Ecology, has purview over water rights, well drilling, dam safety, instream flow and water rights adjudications.

Dawn Vyvyan, of The Vyvyan Law Office, focuses on Indian law, land use and natural resource law.

Laura Wishik, Director of the Environmental Protection Section of the Seattle City Attorney's Office, provides legal advice and representation to all city departments on environmental and tribal issues. Previously she clerked for the Chief Judge of the U.S. 5th Circuit Court of Appeals.