Agenda Day 1

9:00 am

Introduction & Overview

Matt Janz, Esq. , Program Co-Chair
Attorney General's Office / Olympia, WA

Jamie Morin, Esq. , Program Co-Chair
Confluence Law PLLC / Spokane, WA

9:15 am

Water Resource Program Priorities in an Era of Tight Budgets

How budget cuts are affecting the agency and its strategy for moving forward

Dave Christensen , Deputy Water Resources Program Manager
Department of Ecology / Olympia, WA

9:45 am

The Water Code as a Structural Foundation for Water Rights and Water Resource Management in Washington

The prior appropriation system; beneficial uses, relinquishment, recission, abandonment, and the applicability of exemptions; interplay with in-stream water rights

Erik M. Borgen, Esq.
Adams & Duncan Inc PS / Everett, WA

10:30 am

Break

10:45 am

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; cost reimbursement contracts as an option for expediting application review

Dave Christensen , Deputy Water Resources Program Manager
Department of Ecology / Olympia, WA

Kaila Anderson, PE , Environmental Engineer
Landau Associates / Seattle, WA

Circumstances under which a Water Conservancy Board, where available, can provide a faster option for changes to, or transfer of, a water right by processing an application and providing a record of decision for Ecology's review; how the process works

Charles Brushwood, Esq. , Fish & Wildlife Policy Advisor
Confederated Tribes of the Colville Reservation / Omak, WA

12:15 pm

Lunch Break

1:30 pm

New Regulatory Developments for Municipal Water Supplies: Ecology's Updated Exempt Wells Policy

Provisions to clarify that the exemption is intended for domestic, industrial, and irrigation uses but not municipal water supplies

Austin Melcher , Environmental Planner
Department of Ecology / Seattle, WA

Concerns about adverse impacts on H2A temporary agricultural worker housing and efforts to create more affordable housing; other potentially problematic areas

Dan Haller, PE, CWRE , Principal Engineer
Aspect Consulting / Yakima, WA

2:45 pm

Group A Water System Plans

Update on development and implementation of jurisdictional MOUs between the Department of Health and the Department of Ecology and, where applicable, Tribes for systems within their jurisdiction

Holly Myers , Director, Office of Drinking Water
Department of Health / Olympia, WA

John Freitag , Policy Planning Lead
Department of Health / Spokane, WA

3:15 pm

Break

3:30 pm

Finding Water for Large Energy Projects

Data centers as large new loads: Consumptive water use for cooling and market update on where can project developers find it

Oliver Browne, Ph.D. , California Regional Director
WestWater Research / Sacramento, CA

Permitting energy projects: The need to identify and secure legally-available water for new development

Shona Voelckers, Esq. , Staff Attorney
Yakama Nation / Toppenish, WA

The need for Tribal consultation for projects with a potential impact on Tribes: Consultation policies at the AG's office

Asa K. Washines , Tribal Liaison
Washington State Attorney General's Office / Olympia, WA

5:00 pm

Adjourn Day 1

Friday, July 18, 2025

9:00 am

New Phase for the Water Resource Inventory Area (WRIA) 1 Nooksack Basin Adjudication: What Next after Service of Summons

The role of adjudications in water resource management; update on the WRIA 1 Adjudication and the claim filing process, deadlines, and information to be provided on the claim form; key supporting information from the agency's perspective

Robin McPherson, Esq. , Adjudication Manager
Department of Ecology / Olympia, WA

Tribal perspective on the adjudication and claim filing process

Jay Weiner, Esq.
Rosette LLP / Sacramento, CA

Guidance for filing claims; special issues for claims involving water from exempt wells; tips for developing persuasive usage documentation

Jill E. Van Hulle , Principal (inv)
Aspect Consulting / Olympia, WA

10:45 am

Break

11:00 am

Pollution Control Hearings Board (PCHB) Rulemaking Update

Changes and tips for effective participation in PCHB proceedings

The Hon. Andrew J. O'Connell, Esq. , Administrative Appeals Judge
Environmental & Land Use Hearings Office / Olympia, WA

11:30 am

Case Law and Blue Book Update

Recent noteworthy judicial and administrative cases; results of the Blue Book updating project using funds allocated by the 2024 legislature

Emma R. Fisk, Esq. , Assistant Attorney General
Attorney General's Office / Olympia, WA

Alan Reichman, Esq. , Former Senior Counsel
Attorney General's Office / Olympia, WA

12:15 pm

Lunch Break

1:30 pm

Special Address: Science in the Courtroom

Evidentiary standards and processes judges use to vet scientific evidence; problematic types of evidence and common mistakes for lawyers and their expert witnesses to avoid

The Hon. Debra L. Stephens, Esq. , Chief Justice
Washington State Supreme Court / Olympia, WA

2:00 pm

The National Judicial College's Courts Dividing the Waters Program

Overview and key takeaway from a course designed to educate judges, special masters, and referees who preside over complex water litigation on western water law; resulting practice tips for legal counsel and technical experts

Shannon L. Hinchcliffe, Esq. , Principal Legal Analyst
Administrative Office of the Courts / Olympia, WA

2:30 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

Phil Talmadge, Esq.
Talmadge/Fitzpatrick / Seattle, WA

3:30 pm

Evaluations and Adjourn

Faculty Bios

Matt Janz, Program Co-Chair, is an Assistant Attorney General on the Water Resources Team in the Ecology Section of the Washington Office of the Attorney General. He advises the Washington Department of Ecology on water resource issues, primarily in Eastern Washington.

Jamie Morin, Program Co-Chair, Confluence Law PLLC assists clients with the acquisition, transfer, and adjudication of water rights, compliance with public water system regulations, environmental review, and compliance with various state and federal environmental regulations.

The Hon. Debra L. Stephens is Chief Justice of the Washington State Supreme Court. She previously served as a judge for Division Three of the Court of Appeals, becoming both the first judge from that court and the first woman from Eastern Washington to join the Washington State Supreme Court. She has received numerous accolades for her work, including the 2022 "Judge of the Year" award from the Washington State Association for Justice and the "Innovating Justice" award from the Board for Judicial Administration

Kaila Anderson is an Environmental Engineer in the Water Resources and Permitting & Engineering Design service groups at Landau Associates. Her experience and expertise include water rights due diligence, portfolio management and transfers.

Erik M. Borgen, Adams & Duncan Inc PS, is a real estate and natural resources attorney. Prior to joining Adams and Duncan, he practiced at a boutique natural resources and Indian law firm in Seattle, advising clients on water rights, shorelines, and stormwater.

Oliver Browne, Ph.D., is the California Regional Director at WestWater Research. He applies economic theory and econometric data analysis to advise clients in California and beyond on water markets, water supply reliability, and the regional benefits and costs of water resource projects and policies.

Charles Brushwood is Fish & Wildlife Policy Advisor for the Confederated Tribes of the Colville Reservation. He also serves on the Upper Columbia Salmon Recovery Board and as Chair of the Okanogan County Water Conservancy Board.

Dave Christensen is Deputy Water Resources Program Manager at the Department of Ecology. He has been with Ecology for 12 years leading water resource management legislative proposals, rules and policies.

Emma R. Fisk is Assistant Attorney General in the Ecology Division of the Washington State Attorney General's Office.

John Freitag is the Drinking Water Policy Planning Lead for the Department of Health. He works with water system owners and managers, satellite management agencies, partners, and other state and local agencies on complex regulatory matters to promote the long-term safety and viability of public drinking water systems. He previously served as a Principal Planner for the State of Minnesota's Source Water Protection Unit.

Dan Haller, PE, CWRE, 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.

Shannon L. Hinchcliffe is Principal Legal Analyst for Water Adjudications at the Administrative Office of the Courts. She is responsible for assisting courts and liaisoning with Department of Ecology in preparation for water adjudication cases.

Robin McPherson is the Adjudication Manager for the Department of Ecology. She previously represented the Ecology Water Resources Program as an Assistant Attorney General.

Austin Melcher is an Environmental Planner at the Department of Ecology. He works in the Policy Support Section of the Water Resources Program as the statewide policy and municipal water law lead.

Holly Myers is Director of the Office of Drinking Water at the Washington State Department of Health. She previously served as the Operations Manager for the Office of the Columbia River at the Department of Ecology.

The Hon. Andrew J. O'Connell is an Administrative Appeals Judge for the Environmental & Land Use Hearings Office. He formerly served as an Administrative Law Judge for the Washington Utilities and Transportation Commission and as an Assistant Attorney General.

Alan Reichman is Former Senior Counsel at the Washington State Attorney General's Office. He served as Section Manager of the Water Resources Section of the Ecology Division and represented the Department in water resources and water quality cases before the Pollution Control Hearings Board and in state and federal courts.

Phil Talmadge, Talmadge/Fitzpatrick, served on the Washington Supreme Court from 1995 to 2001following service in the Washington State Senate from 1979 to 1995. He has taught appellate advocacy at Seattle University and the University of Washington Law Schools.

Jill E. Van Hulle, a Principal at Aspect Consulting, specializes in complicated water rights and water supply projects. Her work includes implementing cost reimbursement projects for water right applications, evaluating existing water rights (beneficial use analyses), developing mitigation plans, and handling complex water management projects. She sits on the Lewis County Water Conservancy Board.

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 K. Washines is the Tribal Liaison for the Washington State Attorney General's Office. He is a former Yakama Nation Councilmember and recently served as Policy Advisor to the Navajo Nation.

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.

Continuing Education Credits

Live credits: This program qualifies for 11.00 (1.00 Ethics included) WA MCLE, 11.00 AICP land use planner, and 11.00 ABCEP environmental professional 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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