Law Seminars International Presents:

26th Annual Conference on Critical Developments in

Water Law in Washington

Changing regulation and deregulation, major case law, important practical information for water rights and resource management

July 25 & 26, 2017

Seattle, WA
(or anyplace you may be via webcast!)

Download PDF Brochure
Seattle - WA


Who Should Order

Attorneys, environmental and land use professionals, government and Tribal representatives, landowners, water users, corporate managers

Why You Should Order

The annual Washington Water Law Conference brings together the state's leading water law practitioners, consultants, corporate managers, Tribal representatives, agency officials and landowners for critical updates on water rights and other related water resource issues in Washington. Water law continues to be an area of innovation with a wide range of emerging legal and policy debates playing out in the courts and the Legislature over the past several years. We will explore state and local government policy developments, ongoing innovations in water markets, and the best path forward for water rights management. You will hear legislative updates, new case law and resource planning, and permitting impacts of the Hirst decision. We will also take a look at changing precipitation patterns, aquifer storage, and emerging infrastructure needs across Washington State. Our expert faculty will address local adaptation to climate change; integrated water management solutions under the Columbia River Water Management Program, and the most pressing Tribal water issues.

Join us and our expert faculty for an insightful look into the current regulatory landscape and for practical tips and strategies for water resource management going forward.

~ Peter H. Dykstra, Esq. of Plauche & Carr LLP and Jean O. Melious, Esq. of Nossaman LLP/Western Washington University, Program Co-Chairs

What You Will Learn

  • ~ The big picture on water resource policies around the region
  • ~ Legislative update during the long session
  • ~ Water resource planning after the Hirst decision
  • ~ Permitting projects after Hirst
  • ~ Mitigation banking and other approaches to mitigation
  • ~ Changing precipitation patterns and how we need to respond
  • ~ Stream flows and other issues relating to fisheries
  • ~ Water Infrastructure Improvement: Integrated water management solutions under the Columbia River Water Management Program
  • ~ Water infrastructure improvement: Case Study of the Chehalis Basin
  • ~ Ethical issues for lawyers dealing with water resource policy and permitting issues

What Attendees Said

  • "Thanks! Challenging topics with critical importance."
  • "This program was very topical and I found that extremely useful. Nicely done!"
  • "The agenda and speakers this year were very good and provided some interesting perspectives from local folks."
  • "I came from out of state to this program not only to learn about Washington Water Law, but also because of the diversity of opinions offered. Many similar programs are one-sided, but this agenda stands out because of this aspect."

Agenda Day 1

Tuesday, July 25, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Peter H. Dykstra, Esq. , Program Co-Chair
Plauche & Carr LLP / Seattle, WA

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

8:45 am

The Big Picture on Water Resource Policies Around the Region

Broad policy perspective on what we need to do next to ensure adequate water supplies and the best path forward for water rights management

David Moon, Esq. , Editor
The Water Report / Eugene, OR

9:15 am

Legislative Update on Water Issues During the Long Session

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

Jeanne A. Cushman, Esq.
Ahne PLLC / Olympia, WA

10:00 am


10:15 am

Local Water Resource Planning after the Hirst Decision

The evolving interplay between water resource planning under the Growth Management Act and state water law

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

Developer perspective

Joe Mentor, Jr., Esq.
Mentor Law Group PLLC / Seattle, WA

Environmental perspective

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

State regulatory perspective

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

Local government perspective

The Hon. Paul Jewell , County Commissioner
Kittitas County / Ellensburg, WA

12:15 pm

Lunch (on your own)

1:30 pm

Permitting Projects After Hirst

Aquifer storage and recovery as a mitigation tool: Calculation of recoverable quantity and the required quality of recharge water as it relates to compliance with Washington's Antidegradation of Groundwater Rule

Chris V. Pitre
Coho Water Resources / Seattle, WA

Implications for use of exempt wells and the extent to which local governments must consider the quality of available water before issuing building permits

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

3:00 pm


3:15 pm

Water Banking and Other Approaches to Mitigation

Options to support new, sustainable water allocations

Dan Haller , Associate Water Resources Engineer
Aspect Consulting LLC / Selah, WA

Practical implementation issues from a local government perspective

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

Legal perspective on finding the right fit in terms of mechanics and financial feasibility

Peter H. Dykstra, Esq. , Program Co-Chair
Plauche & Carr LLP / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Plauche & Carr LLP

Agenda Day 2

Wednesday, July 26, 2017

8:30 am

Changing Precipitation Patterns and How We Need to Respond

Projected changes in precipitation patterns and needs for water management response regarding storage, flood risk reduction, fish passage, and floodplain restoration

Mariza Costa-Cabral, Ph.D. , Senior Scientist
Northwest Hydraulic Consultants Inc. / Seattle, WA

9:15 am

Water Infrastructure Improvement: Case Study of the Chehalis Basin

Progress towards meeting specific project goals for improving water resiliency in Western Washington: Work done so far; what needs to be done next; prospects and methods for securing additional infrastructure funding to accomplish those goals

Christen K. Bailey , Chehalis Basin Strategy Program Manager
WA State Department of Ecology / Lacey, WA

Steven P. Malloch, Esq.
Western Water Futures LLC / Seattle, WA

10:30 am


10:45 am

Tribal Perspectives on the Most Pressing Water Resource Management Issues

Legal and policy perspectives on what needs to be done for regional climate change adaptation and resiliency including stream flows and other issues relating to fisheries

Marc D. Slonim, Esq. , Attorney for Swinomish Indian Tribal Community
Ziontz Chestnut / Seattle, WA

Thomas P. Schlosser, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

Sharon I. Haensly, Esq.
Squaxin Island Tribe - Legal Department / Shelton, WA

12:15 pm

Lunch (on your own)

1:30 pm

Water Infrastructure Improvement: Case Study of Integrated Water Management Solutions Under the Columbia River Water Management Program

Progress towards meeting specific project goals for improving water resiliency in Eastern Washington: Work done so far; what needs to be done next; prospects and methods for securing additional infrastructure funding to accomplish those goals

Peter H. Dykstra, Esq. , Moderator, Program Co-Chair
Plauche & Carr LLP / Seattle, WA

Tom Tebb , Director, Office of Columbia River
Washington State Department of Ecology / Union Gap, WA

David E. Ortman, Esq.
Attorney-at-Law / Seattle, WA

Tom Ring , Hydrogeologist
Yakama Nation / Toppenish, WA

Lisa Pelly , Director, Washington Water Project
Trout Unlimited / Wenatchee, WA

3:15 pm


3:30 pm

Ethical Issues for Lawyers Dealing with Resource Policy and Permitting Issues

Special issues arising during the complex administrative and court proceedings involving multiple parties and a transition from an administrative forum to a judicial one

Leland G. Ripley, Esq.
Ripley Law Firm Inc PS / Duvall, WA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Peter Dykstra, P Peter Dykstra, P rogram Co-Chair, Partner, Plauche and Carr LLP, counsels public and private clients on water rights, land conservation transactions and strategies, ecosystem service markets, and complex natural resource projects. He is previous Regional Director for the Wilderness Society and Washington Director, Trust for Public Land.

Jean O. Melious Jean O. Melious , Program Co-Chair, is Of Counsel at Nossaman LLP and Professor of Environmental Studies at Western Washington University. Her expertise includes environmental impact assessment, planning and zoning law, endangered species legislation, transportation issues, growth management, regulation of air and water pollution, and hazardous waste regulation.

Thomas M. Pors, Moderator, Law Office of Thomas M. Pors, focuses on water rights development, transfers, permitting and sales; water right assessments and due diligence; municipal water system planning; water system regulatory compliance and project permitting.

Chrissy Bailey is the Department of Ecology's Project Manager for the Chehalis Basin Strategy within the Office of Chehalis Basin. She has worked in land use and environmental planning and permitting in western Washington for the past 16 years.

Dave Christensen is Program Development Section Manager for Ecology's Water Resources Program. He leads a team that develops State rules and policies, evaluates legislative proposals, and collaborates with water resources interests to address current conflicts and challenges.

Bill Clarke, Attorney at Law & Government Affairs, attorney and lobbyist in Olympia, represents clients in the legislature, before state agencies and local governments, and in environmental and land use permitting and appeals. He is a former Chair of the Pollution Control Hearings Board and Shorelines Hearings Board.

Mariza Costa-Cabral, Senio r Scientist, Northwest Hydraulic Consultants Inc., is a researcher and consultant with a strong emphasis on climate change impacts and adaptation as they relate to hydrology and water resource management

Jeanne Cushman, A hne PLLC, is an experienced attorney and contract lobbyist, representing clients with governmental interests in transportation, information technology, higher education, and natural resources. She is a former Assistant Attorney General and founding partner of a private law firm.

Sharon I. Haensly, Attorney in the Legal Department for the Squaxin Island Tribe, focuses on natural resources law. Previously, she worked at several law firms that specialize in Indian law and was in-house counsel with the Swinomish Indian Tribal Community.

Dan Haller is a principal water resources engineer at Aspect Consulting, Inc., and leads Aspect's Yakima office. He provides advice on water right permitting and water resource engineering and management, including water banking and water rights transfers.

The Hon. Paul Jewell, Board of County Commissioners, Kittitas County, is the County's lead for all water issues and a member of the exempt well working group for the Washington State Association of Counties, Columbia River Policy Advisory Group, and is the Chairman of WSAC's Columbia River Counties Caucus.

Steven P. Malloch, Principal at Western Water Futures LLC, provides strategy, program development and implementation services for NGO's, and water managers. He brings technical, legal and political tools to bear on improving the environmental performance of large water systems.

Joe Mentor, Jr., Partner, Mentor Law Group PLLC, focuses on water resources, land use, and natural resources development with emphasis on legislative, policy, business and environmental compliance, and water-related legislation.

David Moon is an Editor for the Water Report, which he helped found in 2004. Previously he practiced water Law in Oregon with the Moon Firm, after practicing water law with Moore, Refling, O'Connell & Moon in Bozeman MT.

Kristina Nelson-Gross is the City Attorney for the City of Sequim. Before becoming City Attorney, she worked as a civil deputy prosecuting attorney for Clallam County and as a private practitioner 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.

David E. Ortman, Attorney-at-Law, helps prepare draft findings and conclusions based on exhibits and testimony presented at hearings. He has testified on wetlands, water quality, water resource, shoreline, special area management planning, and coastal and land use issues.

Lisa Pelly is Director of Trout Unlimited's Washington Water Project. The Washington Water Project provides water-rights expertise for river and stream restoration projects, partnering with landowners, land trusts, state and federal agencies and Tribal entities to promote voluntary, market-based solutions to instream flow issues in the state.

Chris V. Pitre, Founder. Coho Water Resources LLC, has been focused on the water resources of Washington State. His specialty practice areas include water supply, water rights, reclaimed water, and Managed Aquifer Recharge/Aquifer Storage and Recovery (MAR/ASR).

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.

Tom Ring is a hydrogeologist with the Water Resources Program of the Yakama Nation. He has worked on a variety of projects involving groundwater and surface water quantity and quality, water rights, irrigation and fisheries issues and planning for water needs.

Leland G. Ripley, Ripley Law Firm Inc PS, focuses his practice on ethics and professional responsibility law. He has served as a disciplinary counsel for the Washington State Bar Association.

Thomas P. Schlosser, Morisset Schlosser Jozwiak & Somerville, represents Tribes in fisheries, timber, water, energy, cultural resources, contracting, tax, and federal breach of trust.

Marc D. Slonim, Ziontz Chestnut, is an Attorney for Swinomish Indian Tribal Community. He has represented Indian Tribes and individual Indians for 35 years. His practice has focused on Tribal sovereignty and jurisdiction, natural resources, and treaty rights.

Tom Tebb, Director, Office of Columbia River, Washington State Department of Ecology, oversees water supply projects along the Columbia River. He was previously Regional Director of Ecology's Central Regional Office in Yakima.


Continuing Education Credits

Live credits: This program qualifies for 12.75 WA CLE credits and we've applied for 12.75 AICP planner credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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