Law Seminars International Presents:

A Comprehensive Conference on SGMA's Next Phase:

Sustainable Groundwater Planning in California

Important practical legal, technical, business and regulatory information for preparing GSPs

July 26 & 27, 2018

Sacramento, CA
(or anyplace you may be via webcast!)

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Program Overview

Who Should Order

Attorneys, environmental, real estate and agricultural professionals, corporate managers, governmental officials, Tribal representatives, resource managers, planners and landowners

Why You Should Order

This installment in our series on implementation of California's Sustainable Groundwater Management Act (SGMA) focuses on next steps for developing Groundwater Sustainability Plans (GSPs). We'll start with a discussion of progress towards legally sufficient sustainable yield determinations and the technical and strategic considerations for defining sustainability in your GSP.

There is a combination of legal and technical issues for all aspects of plan development and we interweave both throughout the program. You'll end up with information and tools about the interplay between law and science that you can put to work as soon as you return to the office.

We encourage you to take a careful look at the topics and speaker credentials. We think you'll find the former to be very relevant to the issues that people involved with developing GSPs will need to resolve and the latter to be very well qualified to offer advice.

We hope you will join us for this very timely and informative conference.

~ Scott A. Morris, Esq. of Kronick Moskovitz Tiedemann & Girard and

Deborah A. Wordham, Esq. of Best Best & Krieger, Program Co-Chairs

What You Will Learn

  • ~ Progress towards legally sufficient sustainable yield determinations
  • ~ Considerations for defining sustainability in your GSP
  • ~ Cross-boundary flows and basin coordination
  • ~ Creative augmentation of supplies as possible plan elements
  • ~ GSA governance issues with a potential impact on development of GSPs
  • ~ Practical tips for working with Tribes as governing bodies
  • ~ GSA/GSP Financing constraints
  • ~ Creative solutions and lessons from early financing litigation

What Attendees Said

  • "Lots of good information"
  • "Good balance of general & specific w/o getting too far into the weeds."
  • "Good Presentations. The speakers were very knowledgeable."
  • "Presentations concerning implementation by consultants were particularly useful. "The practical perspective expressed by these consultants was very valuable."
  • "Excellent program. I went last year and enjoyed it so I came again. I learned a lot. The reception was excellent."

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Our series transition into issues for Groundwater Sustainability Agencies (GSAs) to resolve as they prepare Groundwater Sustainability Plans (GSPs)

Scott A. Morris, Esq. , Program Co-Chair
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

Deborah A. Wordham, Esq. , Program Co-Chair
Best Best & Krieger / Los Angeles, CA

9:15 am

Structuring GSPs to Ensure Sustainability as an End Goal

Progress towards legally sufficient sustainable yield determinations; water transfer options for getting water into the basin; potential water rights issues with options like recycling programs

Stefanie Morris, Esq.
Best Best & Krieger / Sacramento, CA

Technical and strategic considerations for defining sustainability in your GSP: What the State is looking for in terms of monitoring wells and other options for demonstrating that you have achieved that standard

Mark S. Nordberg, P.G. , Senior Engineering Geologist
California Department of Water Resources / Sacramento, CA

10:45 am

Break

11:00 am

GSA Governance Issues with a Potential Impact on Development of GSPs

Voting rights and other control issues: Voting by landmass vs. one entity one vote; issues regarding who has jurisdiction over whom; cost sharing agreements as an important component of the overall governance arrangement

Ernest A. Conant, Esq.
Young Wooldridge / Bakersfield, CA

Outreach processes: Legal and practical perspectives on working out governance issues among GSAs and their constitutents as a necessary part of the process for developing GSPs

Jennifer T. Buckman, Esq.
Bartkiewicz Kronick & Shanahan / Sacramento, CA

Dave Ceppos , Associate Director and Managing Senior Mediator
Center for Collaborative Policy / Sacramento, CA

12:15 pm

Lunch (on your own)

1:30 pm

Creative Augmentation of Water Supplies as Possible Plan Elements

Update on the technical viability of reclaimed or recycled water and aquifer recharge projects as options; tips for effective collaboration between GSAs for these projects

Kenneth L. Loy , Principal Hydrogeologist
West Yost Associates / Davis, CA

Water quality: Potential regulatory issues under the Clean Water Act, Safe Drinking Water Act, and California law for the use of recycled or reclaimed water, or captured stormwater

Deborah A. Wordham, Esq. , Program Co-Chair
Best Best & Krieger / Los Angeles, CA

Stormwater capture: Progress report on the State Water Board's Strategy to Optimize Resource Management of Stormwater (STORMS) program

Jeffrey Albrecht, P.E. , STORMS Project Manager
State Water Resources Control Board / Sacramento, CA

3:15 pm

Break

3:30 pm

Cross-Boundary Flows and Basin Coordination

Technical issues: Flows between hydraulically connected sub-basins and how sustainable yield of each sub-basin will be impacted; how GSPs can make sure existing inflows/outflows are established and maintained

Christopher S. Heppner, Ph.D. , Senior Hydrogeologist
EKI Environment & Water / Burlingame, CA

Legal issues: Coordination challenges and issues (a) within a groundwater basin, (b) with adjacent basins, and (c) when an adjacent basin is on the critical list and yours is not; essential terms for coordinating agreements

Scott A. Morris, Esq. , Program Co-Chair
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Best Best & Krieger LLP and Kronick Moskovitz Tiedemann & Girard

Friday, July 27, 2018

9:00 am

Working with Tribes as Sovereigns as Opposed to Stakeholders

Legal parameters, including requirements for Tribal consultation

Holly A. Roberson, Esq.
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

Nicole Kuenzi, Esq. , Staff Counsel
State Water Resources Control Board / Sacramento, CA

Practical tips for working with Tribes as governing bodies

Anecita Agustinez , Tribal Policy Advisor
California Department of Water Resources / Sacramento, CA

John Covington , Reservation Services Administrator
Morongo Band of Mission Indians / Banning, CA

10:45 am

Break

11:00 am

GSA/GSP Finance 101: What GSP Developers and Stakeholders Need to Know About Constraints and Viable Pathways

An overview of Propositions 26 and 218 and other constraints; tips for identifying the optimal structure for initial GSP development and GSP implementation activities

Lutfi Z. Kharuf, Esq.
Best Best & Krieger / Los Angeles, CA

Examples of creative solutions and lessons from early litigation challenging GSP funding

Jonathan P. Cristy, Esq.
Kronick Moskovitz Tiedemann & Girard / Sacramento, CA

12:30 pm

Evaluations and Adjourn

Faculty Bios

Scott A. Morris, Scott A. Morris, Program Co-Chair, is a shareholder at Kronick Moskovitz Tiedemann & Girard. His practice focuses on natural resources, land use, and water law including water rights and water transfers.

Deborah A. Wordham, Deborah A. Wordham, Program Co-Chair, is of counsel at Best Best & Krieger where she works with clients implementing the Sustainable Groundwater Management Act.

Anecita Agustinez, Anecita Agustinez, a citizen of the Dine (Navajo) Nation, is Tribal Policy Advisor for the California Department of Water Resources. She previously served as the Native American Liaison and Manager of the Office of Legislative and External Affairs and the Office of Health Access at the Department of Health Care Services.

Jeffrey Albrecht, P.E., Jeffrey Albrecht, P.E., is an engineer in the State Water Board, Division of Water Quality, Stormwater Planning Unit and project manager for the Strategy To Optimize Resource Management of Stormwater (STORMS) project to support funding of stormwater programs.

Jennifer T. Buckman Jennifer T. Buckman joined Bartkiewicz Kronick & Shanahan after serving as General Counsel for the Friant Water Authority in the San Joaquin Valley. She currently serves as Chair of the Legal Affairs Committee for the Association of California Water Agencies.

Dave Ceppos Dave Ceppos is Associate Director and Managing Senior Mediator for the Center for Collaborative Policy at California State University Sacramento. He has a comprehensive background in consensus based, stakeholder-driven, resource management processes.

Ernest A. Conant Ernest A. Conant is a partner at Young Wooldridge. He has served as general counsel for many different public agencies, including the Semitropic and Arvin-Edison Water Storage Districts.

John Covington John Covington of the Morongo Band of Mission Indians is the Reservation Services Administrator and President of the Beaumont-Cherry Valley Water District Board, and the Board Secretary for the California Rural Water Association.

Jonathan P. Cristy Jonathan P. Cristy is a shareholder at Kronick Moskovitz Tiedemann & Girard. He represents cities, school districts, water agencies, community services districts, and other public agencies in public finance.

Christopher S. Heppner, Ph.D., Christopher S. Heppner, Ph.D., is Senior Hydrogeologist at EKI Environment & Water, where he conducts hydrogeologic investigations in both applied and research settings.

Lutfi Z. Kharuf Lutfi Z. Kharuf is a member of the Special Districts and Public Finance practice groups at Best Best & Krieger. He works with clients on compliance with Propositions 218 and 26, rate setting, and issuing bonds.

Nicole Kuenzi Nicole Kuenzi is a Staff Counsel with the State Water Resources Control Board, where she advises the Division of Water Rights and the Board's Groundwater Management Unit.

Kenneth L. Loy Kenneth L. Loy is a Principal Hydrogeologist and Project Manager for West Yost Associates. His work includes development of ASR wells.

Stefanie Morris Stefanie Morris is a partner at Best Best & Krieger and the former in-house general counsel for the State Water Contractors where she helped to negotiate and draft parts of the Sustainable Groundwater Management Act on behalf of the Association.

Mark S. Nordberg, P.G., Mark S. Nordberg, P.G., Senior Engineering Geologist, California Department of Water Resources, is part of the Sustainable Groundwater Management Program and leads DWR's efforts for groundwater sustainability agency formation.

Holly A. Roberson Holly A. Roberson served as Land Use Counsel at the Governor's Office of Planning and Research (OPR) before joining Kronick Moskovitz Tiedemann & Girard.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 9.50 California MCLE credits, 9.50 AICP credits, and 9.50 ABCEP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Replay Options

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Audio Podcasts are perfect for making more effective use of the time you spend commuting.

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