Washington Water Law & the Public Trust

a continuing legal education conference

Friday, December 9, 2011

2100 Building, Seattle

Washington’s water is a natural asset to be managed as a public trust. An increasingly scarce resource in Washington State, the allocation and management of water is a matter of intense public interest. In many places there is simply not enough to go around. In- creased competition means that water users face curtailments, that rivers are degraded and unable to support healthy aquatic habitat, and that aquifers are in decline. At the heart of the matter are ques-tions of water availability: how much water is there, how much is already allocated, how is it affected by climate change, how do tribal treaty rights figure in, what ‘soft path’ solutions exist.

Please join us for Washington Water Law & the Public Trust — a conference designed to tackle these tough questions with an engaging and expert faculty.

Not just for lawyers! Water managers, nonprofit ad- vocates, agency staff, and water users will learn and discuss insights into the challenge: how to manage scarce water resources to benefit all.

Center for Environmental Law & Policy cle@celp.org / 509-209-2899 / www.celp.org

OUR DISTINGUISHED FACULTY

Prof. Robert Anderson is a Professor of Law and Director of the Native American Law Center at the University of Washington. He also has a long-term appointment as the Oneida Indian Nation Visiting Profes-sor of Law at Harvard Law School where he teaches annually. He is a co-author and member of the Board of Editors of COHEN'S HANDBOOK OF FEDERAL INDIAN LAW (2005) and is co-author of Anderson, Berger, Frickey and Krakoff, AMERICAN INDIAN LAW: CASES AND COMMENTARY (2d Ed. 2010). He teaches and writes in the areas of Indian Law, Public Land Law and Water Law.

Maia Bellon is Program Manager for Water Resources at the Washington Dept. of Ecology. Prior to joining Ecology, she served as Asst. Attorney General in the Ecology Division, where she provided client advice and litigation support for the Water Resources Program.

Kathryn L. Gerla is an attorney with King County.

John Hollowed is an attorney and legal/policy advisor with the Northwest Indian Fisheries Commission.

David L. Monthie is an attorney with the Olympia firm of DLM & Associates. He previously served as a Water Policy Analyst for King County and the Wash. Dept. of Health Division of Drinking Water and as staff counsel to the Washington State Senate. He recently published the article Reclaimed Water & Water Rights Impairment in The Water Report (2011). He received his JD from the University of San Francisco.

Dave Nazy is a Licensed Geologist and Hydrogeologist with the Wash. Dept. of Ecology's Water Resources Program. Dave holds a BS in Geology from Winona State University and an MS in Geology from Portland State University. His 23 years of experience in water resource issues includes water master, permit writer, hydrogeologist, cleanup site manager, and expert wit- ness in state and federal court. Currently he acts as the groundwater specialist in the Program Develop- ment & Operations Support section in the Water Re- sources Program in Olympia, where he provides sup- port and oversight for numerous on-going project and policy initiatives within Washington.

Rachael Paschal Osborn is attorney with the Center for Environmental Law & Policy, and teaches water law at Gonzaga Law School. She most recently authored Hydraulic Continuity in Washington Water Law (Idaho Law Review 2011). She received her BA in environ- mental studies and J.D. from the Univ. of Washington.

Paul Parker is an attorney and Senior Policy Analyst with the Washington Transportation Commission. He previously served as Assistant Executive Director at the Washington State Association of Counties and as Staff Counsel for the Washington State Senate. He has a Master of Public Administration from the Evans School at the Univ. of Washington.

Harry Reinert works on environmental, shoreline management, growth management, and legislative issues as Special Projects Manager for the King County Department of Development and Environmental Services. He has been actively involved in updates to King County's critical areas regulations and the King County Comprehensive Plan and Shoreline Master Program. A graduate of the Univ. of Washington School of Law, Harry is a member of the WSBA and is a past member of the Executive Committee of the Environmental & Land Use Law Section.

Our Keynote Speaker, Professor William H. Rodgers began teaching at the UW School of Law in 1967, spent seven years at Georgetown University Law School, and returned to the UW in 1979. Professor Rodgers specializes in natural resource law and is recognized as a founder of environmental law. He teaches Environmental Law, Natural Resources Law, Property and Oceans and Coastal Law, and is actively involved in the Environmental Law and Litigation course. He has produced the first volume of his two -volume treatise entitled Environmental Law in Indian Country (Thomson West 2005) and co-edited the new Global Warming Reader (Carolina Academic Press). He co- authored The Si'lailo Way: Salmon, Indians and Law on the Columbia River (Carolina Academic Press 2006). He has been actively involved in the Exxon Valdez "reopener," including publishing The Exxon Valdez Reopener: Natural Resource Damage Settlements, and Roads Not Taken, in the Alaska Law Review, in press. Prof. Rodgers was selected as the UW recipient of the Bloedel Professorship of Law from 1987-92. In 1999, Prof. Rodgers was selected as the first UW Stimson Bullitt Professor of Environmental Law and is serving his second five-year appointment. He is admitted to the bar in New York, Washington, and the District of Columbia and has appeared in the U.S. Supreme Court on behalf of Indian tribes. Prof. Rodgers served on the committee for Defining Best Available Sciences for Fisheries Management with The National Academies, and completed a 6-year term as a member of the Board of Environmental Studies and Toxicology, National Academy of Sciences.

Suzanne Skinner, an attorney for over 20 years, recently became the Executive Director of the Center for Environ- mental Law & Policy.She previously served as a water resources and shorelines judge for the state Environ- mental Hearings Office; an attorney for American Rivers; an assistant US attorney in New York specializing in environmental, fraud and civil RICO actions; and as researcher for a Hong Kong think tank. Most recently, she was the Civil Director of the Seattle City Attorney's Office. She received her JD from Northeastern Univ. Law School.

Bruce Wishart has represented environmental groups in Olympia on a range of issues, including water law, for the past 26 years. Mr. Wishart is a 1985 graduate of the University of Oregon School of Law.

WASHINGTON WATER LAW & THE PUBLIC TRUST

 PROGRAM 

7:45     Registration & Coffee

8:20     Welcome & Introduction

Suzanne Skinner, Executive Director, CELP

8:30     Nuts & Bolts of Washington Water Law

Prof. Robert Anderson, Director Native American Law Center Univ. of Washington School of Law

9:30     Legislative Update: 2011 Special & 2012 

              Sessions

Bruce Wishart, Legislative Affairs, Olympia

10:00     Break

10:15     Panel:  Aftermath of Kittitas County v.

              EWGMBH — Water Availability

              Determinations at the Local Level

- Maia Bellon, Water Resources Program Manager

WA Dept. of Ecology

- Harry Reinert, Special Projects Manager, King Co. Dept. of Development & Environmental Services

- John Hollowed, Legal/Policy Analyst

Northwest Indian Fisheries Commission

11:45     Lunch (provided)

12:15     Keynote: Water & the Creative Moments

               in the History of Environmental Law

Prof. William H. Rodgers

Stimson Bullitt Professor of Environmental Law

Univ. of Washington School of Law

1:00     Break

1:15     Reclaimed Water & Water Rights

             Impairment

David L. Monthie, Attorney at Law

DLM & Associates

2:00     Panel: Climate Change & Water—

             Technical and Legal Challenges

- Dave Nazy, Hydrogeologist, WA Dept. of Ecology, Water Resources Program

- Rachael Paschal Osborn, Attorney at Law, CELP

3:00Break

3:15Ethics: Lawyer Lobbyists and the RPCs

Paul Parker, Senior Policy Analyst

WA Dept. of Transportation

4:15Ethics: RPCs Addressing Contact

              Between Attorneys and Agency

              Personnel, RPC 4.2, 4.3, and Wright v.

              Group Health Hospital

Kathryn L. Gerla, Attorney at Law, King County

5:15Adjourn

SEMINAR REGISTRATION

Registration Fees

$ 150    Earlybird Registration until 12/1/11

$ 195    After 12/1/11

$ 125    Groups of 3 or more (please contact us for

            group terms)

Tuition subsidies available for students & non- profits. Please contact us before 11/21/11.

Approved for 7.5 CLE Credits for WA Attorneys (5.5 general and 2.0 ethics)

Pay Online at www.celp.org (click on “donate” and indicate that your payment is a CLE registration)

or

Mail payment to: CELP 25 W. Main, Suite 234, Spokane, WA 99201

Name: _______________________________________________

WSBA No: ______________________________________

Address: ________________________________________

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Volunteers gather in Spokane to collate CLE materials - December 7, 2011.

Washington Water Law

& the Public Trust

Friday, December 9, 2011

Join us for this program at

The 2100 Building 2100—24th Ave. So. - Seattle

Approved for 7.5 CLE Credits for WA Attorneys:

    5.5 general and 2.0 ethics

Sponsored by:

Center for Environmental Law & Policy

25 W. Main, Ste. 234, Spokane, WA 99201

cle@celp.org / 509-209-2899 / www.celp.org

A Continuing Legal Education Seminar

Washington Water Law

&

the Public Trust

December 9, 2011 - Seattle