Law Seminars International Presents:

The Tenth Annual Conference on

Water Law in Idaho

How Idaho's population growth and transitioning communities can smartly address water use in the 21st century

September 12 & 13, 2016

Boise, ID

Download PDF Brochure
Boise - ID

Intro

Who Should Order

Attorneys, environmental, agriculture and real estate professionals, local government and Tribal representatives, landowners and anyone else involved with water issues

Why You Should Order

Idaho is a changing state. Not only are many of Idaho's rural residents relocating to Idaho's urban areas but, in addition, more and more people from outside Idaho are moving to Idaho's urban centers. The increase in urban population and expansion of urban communities provide challenges and opportunities for Idaho and its water resources. This program will explore how Idaho's transitioning communities can smartly address water use in the 21st century.

Specifically, this program will address how Idaho can keep up with infrastructure demands, examine population trends (particularly in the Treasure Valley) and what this means for water supply, how to stretch existing water supplies, and how to wisely approach the conversion of agricultural lands to urban lands. Recognizing that potentially tight water supplies in Idaho also could impact Tribes and neighboring states, this program will examine those pieces of the puzzle as well. Lastly, the program will provide participants with an update on the status of the conjunctive management delivery calls involving the Eastern Snake Plain Aquifer and the Wood River Basin.

Each segment will include insights from representatives of various stakeholders, including attorneys, hydrogeologists, engineers, non-governmental organizations, state, Tribal, and local governments.

~ Program Co-Chairs: Christopher M. Bromley, Esq. of McHugh Bromley, PLLC and Michael P. Lawrence, Esq. of Givens Pursley LLP

What You Will Learn

  • Pressure on drinking water supplies: DEQ's investigation
  • Population growth and climate change
  • Conversion of agricultural lands to urban lands
  • The role of hydrological science
  • Large-scale water reuse and storage
  • Private Managed Aquifer Recharge (MAR) as an option
  • Tribal water issues
  • Historic ESPA settlement
  • 2016 legislative action:
  • IDWR implementation plans
  • Conjunctive Management
  • Interstate adjudication
  • Regulation of Concentrated Animal Feeding Operations

What Attendees Said

  • This is a really great program with timely relevant information
  • Well organized
  • Good mix of water law basics and advanced issues
  • Very well tailored with regard to pressing issues
  • The level of detail was very welcome and beneficial

Agenda Day 1

Monday, September 12, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Christopher M. Bromley, Esq. , Program Co-Chair
McHugh Bromley, PLLC / Boise, ID

Michael P. Lawrence, Esq. , Program Co-Chair
Givens Pursley LLP / Boise, ID

8:45 am

Today's Headlines: Emerging Issues Putting Pressure on Drinking Water Supplies

Flint, Michigan, the canary in the coalmine: Update on DEQ's investigation into lead in Idaho's drinking water supplies

Jerri Henry , Drinking Water Program Manager
Idaho Department of Environmental Quality / Boise, ID

Anticipated impacts of population growth and climate change on water supplies: Update on state efforts in planning for sustainable future water supplies

Albert Barker, Esq.
Barker Rosholt & Simpson LLP / Boise, ID

10:15 am

Break

10:30 am

Smart Growth: Water Management associated with the Conversion of Agricultural Lands to Urban Lands

Trends in annexation: Where and what type of conversions are most likely?

Blaine Dwyer , Vice President
HDR, Inc. / Denver, CO

The role of hydrological science in assessing the impact of the change in use: Potential impacts arising from the timing of withdrawals and increased net use from a reduction in aquifer recharge

Rob Van Kirk, Ph.D. , Senior Scientist
Henry's Fork Foundation / Ashton, ID

The legal issues and how the conversion is done can affect the outcome

T. Hethe Clark, Esq.
Spink Butler LLP / Boise, ID

12:15 pm

Lunch (on your own)

1:30 pm

Stretching Supply

Maximizing water supplies: legal, practical, and economic issues concerning additional storage and other approaches to stretching supply

Michael P. Lawrence, Esq. , Program Co-Chair
Givens Pursley LLP / Boise, ID

Looking at large-scale water reuse: What drivers are causing cities to consider innovative water reuse approaches?

Matt Gregg, P.E.
Brown and Caldwell / Boise, ID

Recharge: Private Managed Aquifer Recharge (MAR) as an option (to what extent would Idaho need to make changes to its water law to support their use?)

David R. Tuthill, Jr., Ph.D., P.E.
Idaho Water Engineering / Boise, ID

3:15 pm

Break

3:30 pm

Tribal Water Issues as We Look Forward

Update on the pending issues of greatest interest to Tribes and Tribal water management through development of water codes

Rebecca A. Miles , Executive Director
Nez Perce Tribe / Lapwai, ID

William Francis Bacon, Esq. , General Counsel
Shoshone Bannock Tribes / Pocatello, ID

Steven C. Moore, Esq. , Senior Staff Attorney
Native American Rights Fund / Boulder, CO

Cherese D. McLain, Esq.
Moore Smith Buxton & Turcke / Boise, ID

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Givens Pursley LLP and McHugh Bromley PLLC Cost total $881.80

Agenda Day 2

Tuesday, September 13, 2016

8:30 am

Update on, and Lessons from, the Eastern Snake Plain Aquifer (ESPA) Controversy and Historic Settlement Agreement

Sources and uses of water in the Aquifer: A detailed look at the surface and groundwater flows

Charles E. Brockway, Ph.D., P.E.
Brockway Engineering PLLC / Twin Falls, ID

Terms of the settlement and how they address the hydrologic realities arising from demands for surface and ground water

John K. Simpson, Esq.
Barker Rosholt & Simpson LLP / Boise, ID

10:00 am

Break

10:15 am

Moving Forward: State Involvement in Implementation of the Agreement

2016 Legislative action: Recharge goals vs. past recharge levels; infrastructure improvements necessary for recharge during the winter and to bypass hydroelectric and other facilities; funding levels and sources for improvements and aquifer modeling

The Hon. Steve Bair , (R - District 31)
Idaho State Senate / Blackfoot, ID

IDWR implementation plans: Addressing the need for conjunctive administration; developing the capacity needed to recharge 250,000 acre-feet a year; flow metering and the need for changes to the Water Measurement Order for the ESPA

Brian W. Patton , Planning Bureau Chief
Idaho Water Resource Board / Boise, ID

11:15 am

Conjunctive Management: Lessons from IDWR Resolution of Delivery calls on the Big & Little Wood Rivers and Rangen, Inc.'s Thousand Springs Area Water Call

Perspectives on the issues, arguments, and outcome, and what needs to be done for better management of water

J. Justin May, Esq.
May Browning & May PLLC / Boise, ID

Candice McHugh, Esq.
McHugh Bromley, PLLC / Boise, ID

12:15 pm

Lunch (on your own)

1:30 pm

Groundwater Supply Case Studies: Interstate Water Management Issues in the Palouse and Rathdrum Aquifers

Update on the work of the Palouse Basin Aquifer Committee (PBAC); update on the Spokane-Coeur d'Alene adjudication; prospects for a new interstate adjudication

Paul J. Kimmell , Palouse Area Regional Business Manager
Avista Corporation / Pullman, WA

2:00 pm

Special Day 2 Policy Address: The Agency Perspective on Putting the Water Supply Pieces Together

Senate Concurrent Resolution No. 137 and IDWR plans to address statewide aquifer stabilization and sustainability

Mathew D. Weaver , Deputy Director
Idaho Department of Water Resources / Boise, ID

2:45 pm

Break

3:00 pm

Issues at the Intersection of Water Supply and Water Quality

Regulation of Concentrated Animal Feeding Operations (CAFOs): Case law update on manure as a "pollutant" under RCRA and use of RCRA to regulate water pollution by agricultural facilities

Debora K. Kristensen, Esq.
Givens Pursley LLP / Boise, ID

Update on the joint effort by the Idaho Dairymen's Association and the Department of Environmental Quality to bring large dairies that qualify under the regulatory umbrella of public water systems as a way to avoid Clean Water Act lawsuits

Robert Naerebout , Executive Director
Idaho Dairymen's Association / Twin Falls, ID

4:00 pm

Evaluations and Adjourn

Faculty Bios

Christopher M. Bromley, Program Co-Chair, founding member, McHugh Bromley, PLLC, focuses on water and administrative law. Previously, he was a Deputy Attorney General and advised directors of Idaho's Department of Water Resources.

Michael P. Lawrence, Program Co-Chair, partner, Givens Pursley LLP, focuses on water rights, natural resources, and environmental law throughout the state. He is recognized by Super Lawyers and Chambers.

William Francis Bacon serves as lead General Counsel to the Shoshone Bannock Tribes and also served as the Bannock County Prosecuting attorney and a Tribal Judge for 12 years.

The Hon. Steve Bair (R-District 31), Idaho State Senate, serves as Chair of the Resources & Environment Committee.

Albert P. Bar ker, co-founder, Barker Rosholt & Simpson LLP, focues on water law, energy and natural resources, and construction law. He also serves on the Idaho Water Resource Board and is recognized by both Chambers and Super Lawyers.

Charles E. Brockway, Ph.D., Seni or Member, Brockway Engineering PLLC, has been instrumental in the study of water resources throughout southern Idaho and the Northwest. Previously, he was chairman of the Idaho Board of Professional Engineers and Professional Land Surveyors, and notably, headed a team of university researchers who developed the first numerical groundwater model of the Eastern Snake Plain Aquifer.

Thomas Hethe C lark, partner, Spink Butler LLP, focuses on guiding clients through land-use approvals, from small subdivisions to large planned-unit developments and conditional use permits for various commercial operators. He is recognized by Super Lawyers as a Rising Star.

Blaine Dwyer is Vice President of HDR, Inc., based in Denver. HDR is a top ranked consulting firm providing engineering, architecture, environmental and construction services for water facilities.

Matt Gregg, P.E., Brown and Caldwell program manager, client service manager, project manager, and engineer, focuses on assisting clients with long-term utility management decisions and large program execution.

Jerri Henry is the Drinking Water Program Manager for the Idaho Department of Environmental Quality, Water Quality Division.

Paul J. Kimmell, Palouse Area Regional Business Manager with Avista Corporation, is Chairman of the the Palouse Basin Aquifer Committee.

Debora K. Kristensen, partner, Givens Pursley LLP, is a business litigator in state and federal courts, with experience representing clients in administrative proceedings at trial and on appeal. She is also a Past President of the Idaho State Bar and is recognized by Super Lawyers.

J. Justin May, May Browning & May PLLC, has experience in commercial real estate, as well as business and trade, personal injury and products liability.

Candice McHugh is a founding member of McHugh Bromley, PLLC and focuses on water and administrative law. Previously, she was an Idaho Deputy Attorney General.

Cherese D. McLain, Moore Smith Buxton & Turcke, is in practice emphasizing local government, natural resources, environmental, Indian law, and business law.

Rebecca A. Miles is the Executive Director of the Nez Perce Tribe. She worked extensively on the Snake River Basin Adjudication, including providing testimony before the Idaho Legislature.

Steven C. Moore, Senior Staff Attorney, Native American Rights Fund, focuses on implied Indian reserved water rights and water rights litigation and settlements. He currently represents the Tule River Tribe of California in its water rights settlement and the Agua Caliente Band of Cahuilla Indians in its groundwater litigation in the Coachella Valley.

Robert Naerebout, Executive Director of the Idaho Dairymen's Association, works with state and national legislators and industry counterparts in other states.

Brian W. Patton is the Planning Bureau Chief at the Idaho Water Resource Board.

John K. Simpson, co-founder, Barker Rosholt & Simpson LLP, assists clients in litigation and administrative proceedings concerning conjunctive administration of ground and surface water, remediation of ground and surface water, adjudication of Native American water right issues and power generating facilities.

David R. Tuthill, Jr., Ph.D., P.E., is founder of Idaho Water Engineering, a water resource consulting firm. He was Director of Idaho Department of Water Resources.

Rob Van Kirk, Senio r Scientist at Henry's Fork Foundation (HFF), has a Ph.D. in mathematics and focuses on modeling of fish and wildlife populations. He is a past recipient of HFF's Conservation Award, and the Idaho Chapter of the American Fisheries Society's Native Fish Conservationist of the Year Award.

Mathew D. Weaver, Deputy Director, Idaho Department of Water Resources, oversees the Department's Water Compliance and Technical Services Bureaus, as well as its IT and Purchasing Sections.

Credits

Continuing Education Credits

Live credits: This program qualifies for 12.25 Idaho CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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