Program Overview
Who Will Benefit from Attending
Attorneys, environmental and land use professionals, local government and Tribal representatives, planners, ports, public utility districts, landowners, water users, and other stakeholders
Why You will Benefit from Attending
Water law and policy in Washington State continues to evolve despite the unprecedented societal disruptions over the past year or so. Population growth and economic development continues to drive demand for water. At the same time, climate change and land management decisions have resulted in increased pressure on instream resources.
This year's seminar will address recent changes and hot topics in Washington water law. The program will cover the status of water rights adjudications, relinquishment of water rights and the applicability of exemptions, legal and technical tips for preparing successful water right change applications, insights regarding Water Code enforcement, and consultation requirements involving Tribal senior water rights.
Water law practitioners will not want to miss the practice tips panel, brought to you by the Honorable Neil Wise from the Pollution Control Hearings Board. The Water Law Refresher and the annual Case Law Update and Legislation Rollout will also be valuable resources for anyone involved in water management in Washington.
You will have an opportunity to hear perspectives on the current issues from state, local, and Tribal officials, water law practitioners and consultants who specialize in these areas. We will also hear from former Washington State Supreme Court Justice Philip Talmadge on the topic of ethical issues in appellate litigation and brief writing.
We hope you'll join us for what promises to be a timely and informative program. Register now . We hope to "see" you there.
~
Joseph A. Brogan, Esq. of Foster Garvey and Joshua Osborne-Klein, Esq. of Washington State Attorney General's Office, Program Co-Chairs
What You Will Learn
- The structural foundation for water rights in Washington
- Relinquishment and the applicability of exemptions
- Water right changes and transfers
- Water code enforcement
- New developments in water conservation requirements
- Conservancy Boards and cost recovery disbursement applications
- Acquavella: What next after the final order?
- Tribal consultation requirements for water permitting decisions
- Legislative update
- Implementation of Stream Recovery Act pilot projects
- Case law update
- PCHB and appellate jurisdiction
- Ethical issues for water law practitioners
What Participants Have Said About Similar Programs
- "It was VERY good so thank you for arranging the speakers."
- "Fabulous seminar. I greatly appreciate it!"
- "All materials supportive and will be helpful in post reviews."
- "Excellent and very qualified speakers."
- "This program was very topical and I found that extremely useful. Nicely done!"
Agenda Day 1
9:00 am
Introduction & Overview
Joshua Osborne-Klein, Esq.
, Program Co-Chair, Assistant Attorney General
Washington State Attorney General's Office / Olympia, WA
Joseph A. Brogan, Esq.
, Program Co-Chair
Foster Garvey / Seattle, WA
9:15 am
Washington Water Law Refresher
The structural foundation for water rights in Washington: The prior appropriation system; interplay between water rights and needs for reallocation, pollution control, wildlife protection, recreation, instream low maintenance, and environmental quality
Courtney J. Throgmorton, Esq.
, Assistant Attorney General - Ecology Division
Washington State Attorney General's Office / Olympia, WA
10:00 am
New Developments in Water Conservation Requirements
Margaret Franquemont, Esq.
, Staff Attorney
Center for Environmental Law & Policy / Seattle, WA
10:45 am
Break
11:00 am
Conservancy Boards
Purpose of the boards and how they work; Ecology's review processes.
Benjamin Carr
, Conservancy Board Coordinator
Washington State Department of Ecology / Yakima, WA
Chuck Brushwood, Esq.
, Senior Fish and Wildlife Policy Analyst
Colville Confederated Tribes / Nespelem, WA
12:15 pm
Lunch Break
1:15 pm
Relinquishment and the Applicability of Exemptions
Update on Ecology's policy guidance relating to relinquishment, recission, and abandonment of water rights; lessons from recent cases involving asserted exceptions under RCW 90.14.140
Matt Janz, Esq.
, Assistant State Attorney General
Washington Attorney General's Office / Olympia, WA
2:00 pm
Water Code Enforcement
Statutory provisions and Ecology's processes for enforcing conducting enforcement actions
Joshua Osborne-Klein, Esq.
, Program Co-Chair
Washington State Attorney General's Office / Olympia, WA
What to do if you receive a "Technical Assistance" letter
Joseph A. Brogan, Esq.
, Program Co-Chair
Foster Garvey / Seattle, WA
3:30 pm
Break
3:45 pm
Water Right Changes and Transfers
Changes in use and other problematic areas; what to expect for challenges; legal and technical tips for preparing successful applications and challenges
Chelsea Jefferson
, Hydrogeologist
Washington Sate Department of Ecology / Bellevue, WA
Dan Haller
, Principal Engineer
Aspect Consulting / Yakima, WA
5:00 pm
Adjourn Day 1
Friday, May 20, 2022
9:00 am
After Acquavella VI
Overview of actions to be taken and issues to be resolved
Robin McPherson, Esq.
, Adjudication Manager
Washington State Department of Ecology / Olympia, WA
9:45 am
Tribes as Sovereigns with Senior Water Rights: Consultation Requirements for Water Permitting Decisions
Consultation policies at the Attorney General's office, including recognition of customary Tribal law plus traditional religious and other practices that may make some things nonnegotiable
Asa K. Washines
, Tribal Liaison
Washington State Attorney General's Office / Olympia, WA
Yakama Nation v. Ecology (Lund Solar) settlement agreement and communication protocol
Shona Voelckers, Esq.
, Staff Attorney
Yakama Nation / Toppenish, WA
Stephen H. North, Esq.
, Assistant Attorney General
Washington State Attorney General's Office / Olympia, WA
11:00 am
Break
11:15 am
Legislative Rollout
Bills in the 2022 session and how the political dynamics played out; expectations for legislative initiatives in 2023
Kathleen Collins
, Owner
Capitol Strategies Consulting / Olympia, WA
Update on implementation of Stream Recovery Act pilot projects
Joseph A. Brogan, Esq.
, Program Co-Chair
Foster Garvey / Seattle, WA
12:15 pm
Lunch Break
1:15 pm
Case Law Update
Recent noteworthy judicial and administrative cases
Alan Reichman, Esq.
, Senior Counsel
Washington State Attorney General's Office / Olympia, WA
2:00 pm
PCHB and Appellate Jurisdiction
Tips for building a record before the PCHB and direct appeals to the Court of Appeals.
The Hon. Neil L. Wise, Esq.
, Board Member
Pollution Control and Shorelines Hearings Board / Olympia, WA
Tips for building a record before the PCHB and direct appeals to the Court of Appeals
Philip A. Talmadge, Esq.
Talmadge/Fitzpatrick / Tukwila, WA
2:45 pm
Break
3:00 pm
Ethical Issues in Appellate Litigation and Brief Writing
Obligations under RPC 3.1/RAP 18.9(a); client explanation of issues on appeal; requirements regarding citing authorities and extra-record material; other problematic issues
Philip A. Talmadge, Esq.
Talmadge/Fitzpatrick / Tukwila, WA
4:00 pm
Evaluations and Adjourn
Faculty Bios
Joseph A. Brogan,
Program Co-Chair, is a partner at Foster Garvey and one of the leading water rights lawyers in Washington state. He provides strategic advice, permitting and litigation support to water purveyors, public utility districts, ports, industry clients and private property owners.
Joshua Osborne-Klein,
Program Co-Chair, is an Assistant Attorney General for the Washington State Attorney General's Office. He previously served as a Staff Attorney for the Puget Soundkeeper Alliance and was in private practice where he represented a variety of clients including Indian Tribes.
Chuck Brushwood
is a Senior Fish and Wildlife Policy Analyst for the Colville Confederated Tribes and advises the Tribe on matters relating to fish and wildlife management, harvest, enforcement, and jurisdiction with a particular emphasis on the Endangered Species Act and salmon and steelhead recovery. He currently serves on the Upper Columbia Salmon Recovery Board and as Chair of the Okanogan County Water Conservancy Board.
Benjamin Carr
is the Central Region Conservancy Board Coordinator for the Washington State Department of Ecology. In that role, he supports seven County Boards in making water right change decisions.
Kathleen Collins,
Owner of Capitol Strategies Consulting, represents local governments on environmental issues. Before founding Capitol Strategies, she lobbied for the Association of Washington Cities.
Margaret Franquemont
is Staff Attorney for the Center for Environmental Law & Policy (CELP). She has focused her legal career on Environmental & Natural Resource Law as well as Ocean & Coastal Law.
Dan Haller
is a Principal Engineer at Aspect Consulting focusing on water rights and systems. His background includes management of storage and conservation projects; water banking and water rights transfers; and water system design, planning, and financial planning.
Matt Janz
is an Assistant Attorney General at the Washington State Attorney General's Office.
Chelsea Jefferson
is a Hydrogeologist for the Department of Ecology and formerly served as a permit writer. She formerly worked as a hydrogeologist in private practice.
Robin McPherson is the Adjudication Manager for the Department of Ecology. She previously represented the Ecology Water Resources Program as an Assistant Attorney General.
Stephen H. North is an Assistant Attorney General at the Washington State Attorney General's Office
Alan Reichman
is Senior Counsel at the Washington State Office of the Attorney General. He serves as Section Manager of the Water Resources Section of the Ecology Division and represents the Department in water resources and water quality cases before the Pollution Control Hearings Board and in state and federal courts. He also counsels the Department of Ecology's Water Resources Program and represented Ecology in the Yakima River Basin water rights adjudication.
Philip A. Talmadge,
Talmadge/Fitzpatrick, served in the Washington State Senate from 1979 to 1995 and on the Washington Supreme Court from 1995 to 2001. He has taught appellate advocacy at the Seattle University and University of Washington Law Schools.
Courtney J. Throgmorton is an Assistant Attorney General in the Ecology Division of the Washington State Attorney General's Office.
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.
Asa Washines is
the Tribal Liaison for the Washington State Attorney General's Office. He is a former Yakima Nation Councilmember and recently served as Policy Advisor to the Navajo Nation.
The Hon. Neil L. Wise
is the Chair of the Pollution Control Hearings Board and Shorelines Hearings Board. Prior to his appointment to the Boards, he was a Senior Counsel at the Washington Attorney General's Office, where he represented the Washington Departments of Fish and Wildlife and Natural Resources, and the Forest Practices Board.
Continuing Education Credits
Live credits: This program qualifies for 11.75 (1 Ethics included) Washington MCLE, 11.75 ABCEP environmental professional, and 11.75 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.
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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, May 13, 2022. After that time, we will credit your tuition toward attendance at another program or the purchase of an audio or video replay.
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