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The Sixth Annual Comprehensive Conference on

Tribal Water in the Pacific Northwest

Major new developments affecting Tribal water rights and quality

Presented on September 19 & 20, 2019

Seattle, WA

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Program Overview

Who Should Order

Attorneys, Tribal, local, state and federal governmental representatives, environmental professionals, business executives, water users and their representatives

Why You will Benefit from the Replay

Our Sixth Annual Conference covers a host of new developments affecting Tribal water supplies and quality. We'll start with an update on what the science is telling us about the impact of Climate Change on the amount of precipitation we can expect in our region and, also significantly, how timing differences will affect water supplies and flood risks.

The past year has seen a veritable flood of court decisions and administrative developments, including completion of the Yakima Basin adjudication, regulation of discharges, and salmon/orca recovery efforts. Our expert speakers will explore the implications of these developments for Tribal water resource management. We will end with a panel focusing on development of effective strategies for expressing Tribal sovereignty on water issues.

Throughout our Tribal Water Law conference, we will explore ways in which Tribes, local governments, and water agencies can work cooperatively to ensure an adequate and sustained supply of water for mutually beneficial uses into the future. We hope you can join us.

Register soon.

~ Thomas P. Schlosser, Esq. of Morisset Schlosser Jozwiak & Somerville and Jane Steadman, Esq. of Kanji & Katzen, Program Co-Chairs

What You Will Learn

  • ~ Scientific update on precipitation levels and timing
  • ~ Agriculture and water quality
  • ~ Watershed plan development under ESSB 6091
  • ~ Lessons from Acquavella
  • ~ Phase III implementation of the Yakima River Basin Water Enhancement Project
  • ~ Hoopa Valley Tribe v. FERC on state water quality certifications
  • ~ Executive Order 13868 on the scope of environmental review
  • ~ New developments in Section 401 and 404 permitting
  • ~ Progress on on the Culverts Case implementation
  • ~ NOAA salmon and Orca recovery program
  • ~ Renegotiation of the Columbia River Treaty
  • ~ Tribal sovereignty on water issues

What Attendees Said

  • The content was timely with interesting perspectives being shared by the presenters. Because of this good experience, I intend to watch the annual clean water seminar later next month.
  • "Great speakers and the agenda flowed well. I like the addition of technical speakers that showed us practical implementation of these legal principals. I also get a lot of use in having related legislative & agency perspectives."
  • "Great mix and balance of litigation + policy; law + tech/science presentations."
  • "Tribal attorneys are so spread out that it is great to have a place for everyone to gather together."

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Thomas P. Schlosser, Esq. , Program Co-Chair
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

Jane Steadman, Esq. , Program Co-Chair
Kanji & Katzen / Seattle, WA

8:40 am


Leonard Forsman , Chairman
Suquamish Tribe / Suquamish, WA

8:45 am

Precipitation as the Starting Point for All Water Supplies: Climate Change Impacts and Adaptive Strategies

What Mt. Baker glaciers teach us about adapting to climate change: How the hydrograph is going to change

Oliver Grah , Water Resources Program Manager
Nooksack Indian Tribe / Bellingham, WA

Improved information technologies, including seasonal forecasting, consumptive use monitoring, and computer-aided "smart" water markets, have the potential to increase the flexibility of water allocation in the Columbia River Basin

Kirti Rajagopalan, Ph.D. , Research Professor
WSU Center for Sustaining Agriculture / Puyallup, WA

10:15 am


10:30 am

Issues for Tribes at the Intersection of Agriculture and Water Quality

Fertilizer and pesticide use and the impact on fish and human health: Update on current issues arising under Ecology's permit for Concentrated Animal Feeding Operations

Charles M. Tebbutt, Esq.
Law Offices of Charles M. Tebbutt / Eugene, OR

Identifying potentially responsible parties: Practical tips for tracing sources of adverse water quality impacts

David Cook, LG, CPG , Principal Geologist
Aspect Consulting / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

ESSB 6091

Update on watershed plan development including the 2019 plans for the Nooksack and Nisqually basins as the first two to be filed

Stacy Vynne McKinstry , Streamflow Restoration Regional Supervisor
Washington Department of Ecology / Bellevue, WA

Aspects of the bill and its implementation of particular importance to Tribes

Patrick Williams, Esq.
Law Office of M. Patrick Williams / Seattle, WA

2:15 pm

Salmon and Orca Recovery

Update on the NOAA recovery program, Washington State Orca Task Force recommendations and 2019 legislative bills, and implementation of salmon management and recovery efforts to increase Orca prey

Lynne M. Barre , Marine Species Branch Chief
NOAA Fisheries / Seattle, WA

Update on renegotiation of the US Canada Columbia River Treaty and other cross-border issues for Tribes: How river management provisions will affect streamflow for fish and, in particular, recovery of salmon stocks

David Batker , President & Chief Economist
Earth Economics / Tacoma, WA

3:15 pm


3:30 pm

Hoopa Valley Tribe v. FERC and Other Recent Water Quality Developments

Nationwide permit: Update on recent developments for Section 404 permitting and how it intersects with Section 401

Duncan M. Greene, Esq.
Van Ness Feldman / Seattle, WA

How the DC Circuit decisions in Hoopa Valley Tribe v. FERC, which strikes down the "Withdraw and Resubmit" practice for state water quality certifications, change Section 401 certification for federal licensees and permittees

Thane D. Somerville, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

President Trump's Executive Order 13868 and resulting new guidance for states and Tribes on the scope of environmental review of discharges; Columbia Riverkeeper's 401 certification lawsuit on unpermitted discharges; other recent developments

Lauren R. Goldberg, Esq. , Legal & Program Director
Columbia Riverkeeper / Hood River, OR

5:00 pm

Adjourn Day 1

Friday, September 20, 2019

8:30 am

Streamflows for Fish: The Culverts Decision as a Major Step Forward for Tribes

Implementation update: Legislative activity during the 2019 session; lessons from the Elwha River restoration

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

9:15 am

Groundwater Management and Supply Augmentation: Current Developments of Particular Importance for Tribes

Completion of the Yakima River Basin Adjudication (the Acquavella Case): Lessons on the desirability of integrating adjudication of ground and surface water rights

Tom Ring , Hydrogeologist
Yakama Nation / Toppenish, WA

Danielle P. Squeochs, PhD, LHg, PE
Yakama Nation / Toppenish, WA

Managed Aquifer Recharge in the Yakima River Basin

David Nazy, L.Hg. , Senior Hydrogeologist
EA Engineering, Science, and Technology / Seattle, WA

10:30 am


10:45 am

Developing Effective Strategies for Expressing Tribal Sovereignty on Water Issues

Human health criteria and state water quality standards: Terms of Washington's discharge rule and status after Trump Administration review; update on Trump Administration rollback of the standards for discharge of PCBs and the resulting lawsuits

Laura J. Watson, Esq. , Division Chief for the Ecology Division
Washington State Attorney General's Office / Olympia, WA

Treatment in the Similar Manner As a State: Case study of a successful application for, and grant of, TAS status and implementation plans

Karen Allston, Esq. , Senior Assistant Attorney General
Quinault Indian Nation / Taholah, WA

12:30 pm

Evaluations and Adjourn

Faculty Bios

Thomas P. Schlosser, Thomas P. Schlosser, Program Co-Chair, is a Partner at Morisset Schlosser Jozwiak & Somerville. He represents Tribes in fisheries, timber, water, energy, cultural resources, contracting, tax and federal breach of trust actions.

Jane Steadman, Jane Steadman, Program Co-Chair, joined Kanji & Katzen after working as a legal analyst in The Wilderness Society's National Forest Action Center. She represents Tribal Governments in matters involving reserved fishing rights, natural resources, and taxation.

Karen Allston, Karen Allston, Senior Assistant Attorney General for the Quinault Indian Nation, has served as its in-house counsel for over 13 years.

Lynne M. Barre Lynne M. Barre is the Marine Species Branch Chief for the West Coast Region of the NOAA's National Marine Fisheries Service. She serves as the Southern Resident Killer Whale recovery coordinator.

David Batker David Batker is President & Chief Economist at Earth Economics. His path-breaking studies show natural systems' value for providing food, water, flood risk reduction, climate stabilization, recreation, and other benefits.

David Cook, LG, CPG, David Cook, LG, CPG, is Principal Geologist at Aspect Consulting. He focuses on urban brownfields redevelopment, site acquisition, remedial cost estimation, cleanup, and environmental strategy.

Leonard Forsman, Leonard Forsman, has served as Tribal Chairman of the Suquamish Tribe since 2005 and is the current President of the Affiliated Tribes of Northwest Indians. His interests include cultural preservation, sustainable economic development and habitat protection. He grew up in Suquamish on the Port Madison Indian Reservation and continues to live there with his wife Jana Rice. President Barack Obama appointed Chairman Forsman to the Advisory Council on Historic Preservation in 2013 and 2016 where he currently serves as Vice-Chairman

Lauren R. Goldberg Lauren R. Goldberg is Legal & Program Director for Columbia Riverkeeper. She focuses on protecting salmon habitat and river communities from energy projects.

Oliver Grah Oliver Grah is Water Resources Program Manager for the Nooksack Indian Tribe. He studies the effect of climate change on glacier ablation and recession as it relates to the reduction of sustaining flows for spring Chinook salmon in the Nooksack River.

Duncan M. Greene Duncan M. Greene is a Partner at Van Ness Feldman. He provides strategic advice and support to clients in planning and permitting large, complex projects in the energy, transportation, and natural resource sectors.

Stacy Vynne McKinstry is the Streamflow Restoration Regional Supervisor for the Washington Department of Ecology. She previously worked at the Puget Sound Partnership, overseeing implementation of the Puget Sound salmon recovery plan.

 Joe Mentor, Jr Joe Mentor, Jr ., Mentor Law Group, assists clients with issues related to water resources, land use, natural resource development, real estate transactions, non-profit administration, and Indian law.

David Nazy, L.Hg., David Nazy, L.Hg., is a Senior Hydrogeologist at EA Engineering, Science, and Technology. He formerly managed a number of large, multiphase hydrogeologic and interdisciplinary water management and contaminated site investigations for the Department of Ecology.

Kirti Rajagopalan, Ph.D., Kirti Rajagopalan, Ph.D., is a Research Professor at the WSU Center for Sustaining Agriculture and Natural Resources. She works at the interface of water and agricultural issues in the Columbia River Basin, and more broadly Western United States.

Tom Ring Tom Ring is a Hydrogeologist with the Water Resources Program for 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 future water needs.

Thane D. Somerville Thane D. Somerville is a Partner at Morisset Schlosser Jozwiak & Somerville. He provides comprehensive representation of IndianTribal governments and Tribal enterprises on issues including natural and cultural resource protection, tribal treaty rights, and water rights.

Danielle P. Squeochs, PhD, LHg, PE, Danielle P. Squeochs, PhD, LHg, PE, is a hydrologist with Yakama Nation Fisheries Program. She previously worked with the Department of Ecology, as a project manager for the Yakima Basin Integrated Plan.

Charles M. Tebbutt, Charles M. Tebbutt, Law Offices of Charles M. Tebbutt, assists communities, organizations, Tribes, unions and individuals across the United States in protecting themselves and their members from industrial pollution and chemical injury.

Laura J. Watson Laura J. Watson is Division Chief for the Ecology Division at the Washington State Attorney General's Office.

Patrick Williams, Patrick Williams, Law Office of M. Patrick Williams, works with state and local agencies, and Tribes, on complex environmental, regulatory, and policy issues.

Continuing Education Credits

Live credits: This program qualifies for 10.25 WA and 10.25 OR MCLE credits; 10.25 AICP planner credits, and 10.25 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.