Program Overview
Who Will Benefit from Attending
Attorneys, Tribal, local, state and federal governmental representatives, environmental professionals, business executives, water users and their representatives
Why You will Benefit from Attending
There currently are a wide variety of Tribal water-related issues at play in the Pacific Northwest and this year's Tribal Water program will provide you with comprehensive coverage of those issues. We will start with instream flows, how to quantify them, and how to establish off-reservation flows. We also will provide tips for dealing with unquantified rights when you are involved in permitting issues under Washington law.
Stream flows also are an essential part of the state's salmon recovery efforts. You will hear from the Puget Sound Partnership about its collaborative approach for regional recovery priorities. You also will hear about the broader range of ESA issues and the interplay between the federal act and state water rights.
Tribes need water of sufficient quality to meet their needs. You will hear tips for using sections 301 and 402 of the Clean Water Act to adopt Tribal water quality standards that will protect off-reservation water. You also will hear the latest creative thinking for securing ground water quality through groundwater rights claims.
There have been a couple of significant court cases on the conflict between surface water diversions by holders of municipal water rights and stream flows for protecting natural resources. You will hear tips for challenging applications that would impair Tribal stream flow rights.
It will be a very informative day and a half with a faculty of subject matter experts. We hope to "see" you there.
Claire R. Newman, Esq. of Kanji & Katzen and
Thomas P. Schlosser, Esq. of Morisset Schlosser Jozwiak & Somerville, Program Co-Chairs
What You Will Learn
- Legal theories for establishing off-reservation instream flows
- Methodologies for quantifying instream flows
- How unquantified water rights factor into permitting decisions
- Water compacts as an alternative to water rights adjudications
- Using Tribal water quality standards to protect off-reservation water
- Securing ground water quality through groundwater water rights claims
- Endangered Species Act issues
- Salmon recovery update
- Tips for resisting misuse of municipal water rights
- What next for the Yakima Basin after Acquavella
What Participants Have Said About Similar Programs
- 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.
- It was an excellent seminar. It saved me money and time to be able to watch remotely.
- "I Have appreciated the inclusion of Indian Presenters."
- "Great mix and balance of litigation + policy; law + tech/science presentations"
- "Thanks for putting this together!"
Agenda Day 1
9:00 am
Introduction & Overview
Claire R. Newman, Esq.
, Program Co-Chair
Kanji & Katzen / Seattle, WA
Thomas P. Schlosser, Esq.
, Program Co-Chair
Morisset Schlosser Jozwiak & Somerville / Seattle, WA
9:15 am
Establishing Off-Reservation Instream Flows
Legal theories supporting off-reservation rights and the issue of appurtenance
Jay Weiner, Esq.
Rosette LLP / Sacramento, CA
10:00 am
Break
10:15 am
Methodologies for Quantifying Instream Flows
Technical and legal perspectives on methodological choices, how they compare, and tips for picking the best fit with the situation at hand
Thomas B. Hardy, Ph.D.
, Chief Science Officer
The Meadows Center for Water and the Environment / San Marcos, TX
Dylan Hedden-Nicely, Esq.
, Director, Native American Law Program
University of Idaho College of Law / Moscow, ID
11:30 am
The Intersection of Unquantified Treaty-Reserved Water Rights and Washington State Water Law
A case study of Ecology's policy against consideration of senior Tribal water rights during its permitting process
Shona Voelckers, Esq.
, Staff Attorney
Yakama Nation / Toppenish, WA
12:15 pm
Lunch Break
1:15 pm
Water Compacts as an Alternative to Water Rights Adjudications
Case study of water compacts between the state of Montana and Tribes: What are the preconditions for a successful compacting process? What other states could benefit from that approach?
Vanessa L. Ray-Hodge, Esq.
Sonosky Chambers Sachse Endreson & Perry / Albuquerque, NM
Jeanne S. Whiteing, Esq.
, Tribal Attorney
Blackfeet Nation / Boulder, CO
2:15 pm
Using Tribal Water Quality Standards to Protect Off-Reservation Water
Clean Water Act Sections 401 and 402 recognize the impact on downstream Tribes if they have TAS status: How well does that work and can EPA improve protection of Ttribal water?
Thomas P. Schlosser, Esq.
, Program Co-Chair
Morisset Schlosser Jozwiak & Somerville / Seattle, WA
3:00 pm
Break
3:15 pm
Securing Ground Water Quality Through Groundwater Water Rights Claims
Catherine F. Munson, Esq.
Kilpatrick Townsend & Stockton / Washington, DC
4:00 pm
Endangered Species Act Issues
Case study of the Oregon Water Resources Department decision on stored water and the implications for the interplay between the ESA and state water rights
Patti Goldman, Esq.
, Senior Attorney
Earthjustice / Seattle, WA
4:30 pm
Adjourn Day 1
Friday, March 25, 2022
9:00 am
Tribal Use of Rights of Nature Legal Theories in Tribal Courts to Protect Salmon and Other Natural Resources
Case study of the Sauk-Suiattle Tribe's suit against the City of Seattle to ensure adequate stream water flows for fish on the Skagit River
Thomas Linzey, Esq.
, Senior Legal Counsel
Center for Democratic and Environmental Rights / Spokane, WA
Jack Fiander, Esq.
, Outside Counsel
Sauk-Suiattle Indian Tribe / Darrington, WA
Manoomin v Minnesota DNR in White Earth Tribal Court and DNR v White Earth Chief Judge DeGroat at the 8th Circuit
Frank Bibeau, Esq.
, Tribal Attorney
White Earth Band of Ojibwe / Walker, MN
10:30 am
Break
10:45 am
Salmon Recovery
Legislative update: Salmon recovery ideas and their outcomes
Don Gourlie, Esq.
, Legislative Policy Director
Puget Sound Partnership / Tacoma, WA
The broader collaborative salmon recovery effort in Puget Sound
Amber Moore
, Salmon Recovery Manager
Puget Sound Partnership / Tacoma, WA
11:45 am
Municipal Water Rights: Analysis of Darrington-US Golden Eagle (USGE) and Other Cases
Tips for arguing against applications that would impair existing instream flow rights such as those establish by WAC 173-503, would improperly convert water use from a municipal use to an agricultural use, or otherwise encourage water speculation
Margaret Franquemont, Esq.
, Staff Attorney
Center for Environmental Law & Policy / Seattle, WA
12:30 pm
Evaluations and Adjourn
Faculty Bios
Claire R. Newman,
Program Co-Chair, focuses on Tribal and water law at Kanji & Katzen. It is a nationally recognized firm committed to protecting and enhancing the sovereignty and vitality of Indian nations and their members.
Thomas P. Schlosser,
Program Co-Chair, is a principal at Morisset Schlosser Jozwiak & Somerville. He represents Indian tribes and tribal organizations in federal litigation, natural resources, business development and Indian property issues.
Frank Bibeau,
Minnesota Chippewa Tribe, is the Executive Director for the 1855 Treaty Authority and represents the White Earth Band of Ojibwe in the proposed Line 3 Replacement permit application for the crude oil pipeline in Minnesota.
Jack Fiander
(Yakama Nation) is Outside Counsel for the Sauk-Suiattle Indian Tribe. He represents the Tribe in its third lawsuit against the City of Seattle regarding City Light's hydroelectric dams on the Skagit River.
Margaret Franquemont
is a Staff Attorney at the Center for Environmental Law & Policy. She has focused her legal career on Environmental & Natural Resource Law as well as Ocean & Coastal Law.
Patti Goldman
is a Senior Attorney at Earthjustice. From 2008-June 2014, she served as Earthjustice's Vice President for Litigation, overseeing all of the organization's litigation, programs and regional offices. She served as Northwest Managing Attorney for nearly 20 years before and after her tenure as Vice President.
Don Gourlie
is the Legislative Policy Director for the Puget Sound Partnership. He works with partners and legislators to support changes to law and policy that advance Puget Sound and salmon recovery. Prior to joining the Puget Sound Partnership, his past work has included environmental education, helping businesses reduce their use of toxic substances, working with pacific island nations to strengthen their environmental laws, and more.
Thomas B. Hardy, Ph.D.,
is the Chief Science Officer for The Meadows Center for Water and the Environment at Texas State University. He formerly served as Associate Director, Utah Water Research Laboratory.
Dylan Hedden-Nicely
(Cherokee Nation of Oklahoma) is Director of the Native American Law Program at the University of Idaho's College of Law. His areas of specialization are Native American law, water law, climate change and the law, and the interrelationship of law and science.
Thomas Lindze
y is Senior Legal Counsel at the Center for Democratic and Environmental Rights, an organization committed to globally advancing the legal rights of nature and environmental rights. He also is the co-founder of the Community Environmental Legal Defense Fund (CELDF) and is widely recognized as the founder of the contemporary "community rights" and "rights of nature" movements.
Amber Moore
is the Salmon Recovery Manager for the Puget Sound Partnership. She previously worked as an Ecosystem Recovery Coordinator at the Partnership and before that as a contractor with NOAA's Office of Habitat Conservation working on coastal and ocean policy development and strategic planning for better protection and restoration of coastal and marine fisheries habitats.
Catherine F. Munson
is a partner at Kilpatrick Townsend & Stockton where she is co-leader of the Native American Affairs practice. She specializes in water-related litigation and in advising clients on water matters, including water marketing, leasing, storage, protection of water quality, water regulation, and code drafting.
Vanessa L. Ray-Hodge
(Pueblo of Acoma) is a partner in the Albuquerque office of Sonosky Chambers Sachse Endreson & Perry. She works in all areas of the firm's practice with a special focus in water rights and energy and economic development issues.
Shona Voelckers
is a Staff Attorney for the Yakama Nation. Her practice focuses on protecting Yakama Nation's Treaty-reserved cultural and natural resources through litigation and collaborative land use planning with local jurisdictions and state and federal agencies.
Jay Weiner
is Of Counsel to Rosette LLP. He has developed extensive expertise in federal Indian water law, has worked on multiple Indian water rights settlements, and has represented clients in adjudications and other water-related proceedings in California, Montana, and Oregon.
Jeanne S. Whiteing (Blackfeet Nation) serves as Tribal Attorney for the Blackfeet Nation on water rights issues. This includes negotiation of the Tribe's water rights compact with the State of Montana.
Continuing Education Credits
Live credits: This program qualifies for 9.00 Washington MCLE, 9.00 ABCEP environmental professional, and 9.00 AICP land use planner credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.
I appreciate LSI's seamless segue from registration, an informative seminar, to end result.
Accessing the Live Program
The day before the program, we will email you a link to the materials and one to log into the broadcast. Fill out the "Registration" form by entering your name and email address. That will log you in.
For tips on how you can ask questions, make comments, or join the conversation, download our Broadcast Guide.
Register or Purchase a Replay
Tuition
Regular tuition for this program is $895 with a group rate of $805 each for two or more registrants from the same firm. For government employees, we offer a special rate of $670. For Tribal Members, public interest NGO's, students, and people in their job for less than a year, our rate is $447.50. All rates include admission to all program sessions and course materials.
Make checks payable to Law Seminars International.
As an added value bonus, you will receive access to audio and video recordings of the program at no extra charge.
Financial aid is available to those who qualify. Contact our office for more information.
Replays
Audio and video replay files, with course materials, are available for download or on a flash drive at the same price as live attendance. Files are available for downloading five business days after the program or from the date we receive payment. Flashdrive orders are sent via First Class mail within seven business days after the program or from the date we receive payment. The course materials alone are available for $100.
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 Friday, March 18, 2022. After that time, we will credit your tuition toward attendance at another program or the purchase of an audio or video replay.
Register for this Seminar!
Start by clicking on the "1st Registrant" button. You can add a second or third registrant by clicking the return to shopping button in the shopping cart. Then click the "2nd Registrant" button. For a third registrant, repeat the process and then choose the "3rd Registrant" button.
Purchase a Replay
The web link option allows you to stream or download. The flash drive option includes both audio and video files. Both include materials.