Law Seminars International Presents:

A Comprehensive Two-Day Conference on

Tribal Water in the Pacific Northwest

Strategies for resolving key issues for Tribal water availability, conservation, and regulation

June 1 & 2, 2017

Seattle, WA
(or anyplace you may be via webcast!)

Download PDF Brochure
Seattle - WA

Intro

Who Should Attend

Attorneys, Tribal, local, state and federal governmental representatives, environmental professionals, business executives, water users and their representatives

Why You Should Attend

The Fourth Annual Conference brings together an exceptional faculty to address major developments for Tribal water in the Pacific Northwest. We are pleased to include Duane Mecham, Senior Attorney, US DOI Office of the Solicitor, speaking on the impact of the new administration on Tribal water policies and adapting Tribal Strategies to changes at the key Federal agencies. Here is an essential update on the role of Tribal governments in discussions regarding water availability, conservation and regulations in the Pacific Northwest. Leading attorneys, Tribal and agency representatives will discuss Umatilla Tribe reserved rights and Yakama Nation cooperative efforts for resource preservation and improvement, creative water supply management, updates on Klamath Basin issues, stream flows and water release management on the Columbia River, updates on the Cluverts Case, and the impact of the Hirst Case. You will hear about technical considerations for water resource management and provisions of the EPA's new rule authorizing Tribes to administer the Clean Water Act Section 303(d) program within their reservations, and tips for applying for TAS status.

Throughout our Tribal Water Law conference, we will explore ways in which Tribes, local governments and water agencies can work cooperatively to ensure an adequate and sustained supply of water for mutually beneficial uses into the future. We hope you can join us.

~Susan K. Driver, Esq., Program Co-Chair of Dorsay & Easton LLP & Thomas P. Schlosser, Esq., Program Co-Chair of Morisset Schlosser Jozwiak & Somerville

Register soon. Live webcast is also available.

What You Will Learn

  • ~Impact of the 2016 Presidential election on federal and Tribal water policies
  • ~Pending Tribal water issues in the Pacific Northwest
  • ~Technical, legal and Tribal perspectives on the water supply problem
  • ~Update on Klamath Basin issues
  • ~Stream flows in the Pacific Northwest
  • ~Water release management on the Columbia River
  • ~Update on the Culverts Case
  • ~Impact of the Hirst Case
  • ~Technical considerations of water resources management
  • ~Provisions of the EPA's new rule authorizing tribes to administer the Clean Water Act Section 303(d) program within their reservations
  • ~Process for applying for TAS status

What Attendees Have Said About Similar Programs

  • "Tribal attorneys are so spread out that it is great to have a place for everyone to gather together"
  • "Really enjoyed the selection of topics and speakers."
  • "Very informative and entertaining!"

Agenda Day 1

Thursday, June 01, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Susan K. Driver, Esq. , Program Co-Chair
Dorsay & Easton LLP / Portland, OR

Thomas P. Schlosser, Esq. , Program Co-Chair
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

8:45 am

Impact of the 2016 Presidential Election on Federal Tribal and Water Policies: Adapting Tribal Strategies to Changes at the Key Federal Agencies

Duane T. Mecham, Esq. , Senior Attorney
US DOI Office of the Solicitor / Washington, DC

9:30 am

Case Studies of Pending Tribal Water Issues in the Pacific Northwest

Umatilla Tribe reserved rights

Daniel W. Hester, Esq.
Hester & Zehren LLC / Louisville, CO

Yakama Nation cooperative efforts for resource preservation and improvement

Tom Ring , Hydro Geologist
Yakama Nation / Toppenish, WA

10:30 am

Break

10:45 am

Recent Developments in Creative Tribal Water Management: Water Banking and Fort Hall Agreement

Technical, legal, and Tribal perspectives on the water supply problem and the path to the solution

Brett Bovee , Intermountain Regional Director
WestWater Research / Fort Collins, CO

Jeanette Wolfley, Esq. , Assistant Professor of Law
UNM Law School/Wolfley Law Office / Bernalillo, NM

Elese D. Teton , Water Engineer
Shoshone-Bannock Tribes / Fort Hall, ID

12:15 pm

Lunch (on your own)

1:30 pm

Resolving Thorny Problems: Update on Klamath Basin Issues and Lessons from Participation in the Processes

Adjudication of water rights

Paul S. Simmons, Esq.
Somach Simmons & Dunn / Sacramento, CA

Tribal in-stream flows: Dam removal as a water quality solution

Thomas P. Schlosser, Esq. , Program Co-Chair
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

2:45 pm

Stream Flows in the Pacific Northwest

Climate change, expected precipitation patterns, and glacier retreat: The anticipated impact on the timing of water flows and the resulting impact on fish habitat

Oliver Grah , Water Resources Program Manager
Nooksack Indian Tribe / Bellingham, WA

3:30 pm

Break

3:45 pm

Water Release Management on the Columbia River

Update on the BPA Biological Opinion on perspectives on how it fits into the overall picture for restoration of the Pacific Northwest salmon runs and management of natural resources by Indian tribes

F. Lorri Bodi, Esq. , Vice President, Environment, Fish & Wildlife
Bonneville Power Administration / Portland, OR

John William Ogan, Esq.
Karnopp Petersen LLP / Bend, OR

5:00 pm

Reception for Faculty & Attendees

Agenda Day 2

Friday, June 02, 2017

8:30 am

Update on the Culverts Case

Legal analysis of the arguments and result of the 9th Circuit appeal

Jane Steadman, Esq.
Kanji & Katzen PLLC / Seattle, WA

9:00 am

County Permitting for New Development: Impact of the Hirst Case

The new requirement that counties determine the impact on water availability, and potentially water quality, before issuing building permits: Nature of the requirement and tips for Tribal participation in county permitting processes

Jean O. Melious, Esq.
Nossaman LLP/Western Washington University / Bellingham, WA

9:30 am

Water Resources Management: Technical Considerations

What are the order of magnitude impacts of water uses on aquatic habitat? Where should the focus be?

Chris V. Pitre
Coho Water Resources / Seattle, WA

10:00 am

Break

10:15 am

Human Health Criteria

What next for the state after EPA's rejection of Washington's water quality standards? What are the implications for Tribal water quality management?

Catherine O'Neill, Esq. , Habitat Policy Analyst
Northwest Indian Fisheries Commission / Olympia, WA

11:00 am

Treatment of Indian Tribes in a Similar Manner as States (TAS) Under the Clean Water Act

Provisions of the EPA's new rule authorizing Tribes to administer the Clean Water Act (CWA) section 303(d) program within their reservations; process for applying for TAS status

Maranda S. Compton, Esq.
Van Ness Feldman LLP / Washington, DC

Lessons from TAS under the Clean Air Act and in other contexts: Essential elements and tips for developing Tribal implementation programs

Ethan G. Shenkman, Esq.
Arnold & Porter Kaye Scholer LLP / Washington, DC

12:00 pm

Evaluations and Adjourn

Faculty Bios

Susan K. Driver, Susan K. Driver, Program Co-Chair, is of counsel at Dorsay & Easton LLP, where she focuses on mediating environmental and public policy issues and facilitating meetings and strategic planning processes. Clients include the Confederated Tribes of Siletz Indians of Oregon, Chinook Winds Casino Resort, and the Samish Indian Nation.

Thomas P. Schlosser, Thomas P. Schlosser, Director, Morisset, Schlosser, Jozwiak & Somerville, specializes in federal litigation, natural resource and Indian Tribal property issues, Tribal economic development and environmental regulation matters. He was an officer and founding member of the Indian Law Section of the Washington State Bar Association.

F. Lorri Bodi F. Lorri Bodi is Vice President for Environment, Fish and Wildlife at BPA, where she is responsible for environmental stewardship and Fish and wildlife enhancements for BPA's Transmission and Power businesses. Previously, she was Co-Director of the Northwest Office of American Rivers, an attorney for the NOAA and the EPA.

Brett Bovee Brett Bovee is Intermountain Regional Director at WestWater Research, a water resources consulting firm specializing in water valuation and water markets in the Western US. He has managed a range of engineering, economic, and planning projects in the water sector, and has been working with the Shoshone-Bannock Tribes on a variety of water-related projects, including recent water marketing activities.

Maranda S. Compton Maranda S. Compton is of counsel at Van Ness Feldman LLP. She focuses on all aspects of Native American law and policy. She is experienced in representing both Tribal and non-Tribal clients in a wide range of federal regulatory, environmental, energy, and natural resources issues, with particular knowledge of the oil and gas industry.

Oliver Grah, Project Manager/Administrator, Principal Investigator, Water Resources Program Manager, Nooksack Indian Tribe, is experienced in water resources, soils, physical habitat, wetlands, restoration, environmental project management, IDT leader and coordination on projects including SEPA, NEPA, CWA, FSA, and ESA.

Daniel W. Hester Daniel W. Hester is a partner at Hester & Zehren LLC. He represents Tribes throughout the western United States on natural resources, economic development, housing and health care matters. Previously, he was Assistant Regional Counsel for the EPA and Tribal Attorney to the Confederated Tribes of the Umatilla Indian Reservation in Oregon.

Jean O. Melious is of counsel at Nossaman LLP and Professor of Environmental Studies at Western Washington University. Her expertise includes environmental impact assessment, planning and zoning law, endangered species legislation, transportation issues, growth management, regulation of air and water pollution, and hazardous waste regulation.

Catherine O'Neill is a Habitat Policy Analyst with the Northwest Indian Fisheries Commission. Prior to joining NWIFC, she taught in the law schools of the University of Washington, University of Arizona, and Seattle University, focusing her work at the intersection of environmental law, natural resources law, and federal Indian law.

John William Ogan of Karnopp Petersen LLP, focuses his practice on federal Indian law and environmental and natural resources law. He represents clients in regulatory proceedings, litigation, government consultations and complex negotiations.

Chris V. Pitre is the founder of Coho Water Resources LLC. He has practiced water resources management in Washington State for over 25 years. He has conducted numerous watershed planning projects and specializes in water rights. He is a licensed hydrogeologist and a certified water rights examiner.

Tom Ring is a hydrogeologist with the Water Resources Program of the Yakama Nation. He has held this position since 1990 and, in that role, has worked on a variety of projects involving groundwater and surface water quantity and quality, water rights, irrigation and fisheries issues and planning for future water needs.

Ethan G. Shenkman is a partner in the environmental practice group at Arnold & Porter Kaye Scholer. He most recently served as Deputy General Counsel at the US Environmental Protection Agency, where he helped lead a series of initiatives concerning tribal treaty rights and water quality standards. Prior to that, he served as Deputy Assistant Attorney General at the US Department of Justice's Environment and Natural Resources Division, where he supervised the Indian Resources Section, which litigates to protect tribal rights and resources.

Paul S. Simmons, Paul S. Simmons, shareholder at Somach Simmons & Dunn, focuses on water rights and environmental issues affecting water resources. He is widely known for his extensive involvement in the Klamath Basin of Oregon and California, where he has represented irrigation interests from both states and led a coalition of 20 parties in an ongoing general stream adjudication.

Jane Steadman of Kanji & Katzen PLLC, represents Tribal governments in matters involving reserved fishing rights, natural resources, and challenges to state taxation.

Elese D. Teton is the Tribal Water Engineer for the Tribal Water Resources Department of the Shoshone-Bannock Tribes. In that role, she administers and enforces regulations for the development, preservation and protection of water resources on the Fort Hall Reservation pursuant to the Tribes' "1990 Fort Hall Indian Water Agreement" and subsequent water quality ordinances.

Jeanette Wolfley, Assistant Professor of Law, Univeristy of New Mexico School of Law is enrolled in the Shoshone-Bannock Tribes and teaches federal Indian law, Indian water rights, federal jurisdiction and Tribal natural and cultural resources courses. Previously, she practiced law, representing Tribal clients exclusively.

Credits

Continuing Education Credits

Live credits: This program qualifies for the following CLE credits: 10 WA Bar || 10 OR Bar || 10 ID Bar || 10 MT Bar || 10 CA Bar. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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Courtyard Seattle Downtown / Pioneer Square

612 Second Avenue in Seattle, WA 98104
(206) 625-1111

The conference will be held at the Courtyard Seattle Downtown / Pioneer Square at 612 Second Avenue in Seattle, WA 98104. Call the hotel directly at (206) 625-1111 for reservations at the special negotiated rate of $209 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
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