Law Seminars International Presents:

An Intensive, Practical One-Day Seminar on

New Directions in Hydrology & Water Law

An intensive look at the broadening areas where scientific proof is required in water disputes

August 8, 2018

Santa Fe, NM
(or anyplace you may be via webcast!)

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Program Overview

Who Should Order

Attorneys, water and environmental professionals, land use planners, agency and Tribal representatives, property owners, and anyone else involved with water issues in New Mexico

Why You Should Order

This intensive one-day seminar is designed for legal and technical water practitioners, land use planners, and other environmental professionals. This year's focus is on emerging trends in the interrelated fields of law and hydrology including the anti-speculation doctrine, the evolution of the State Engineer impairment assessment, third generation issues following tribal water settlements, and the emerging convergence of water quality and water quantity issues.

Businesses, cities, and planners of all kinds reasonably seek to secure a water future. The prior appropriation doctrine seeks to prevent the hoarding of water by requiring beneficial use within a reasonable time. How can this conflict best be resolved? How can a hydrological analysis help shape an answer?

Law relating to the quantification of water rights developed early in the West, principally under State and Territorial law. Law relating to water quality developed much later and is largely governed by federal statutes and administrative agencies. Should that separate legal treatment change? The prior appropriation doctrine seeks to prevent the hoarding of water by requiring beneficial use within a reasonable time. How can this conflict best be resolved? How can a hydrological analysis help shape an answer?

You'll be able to hear about those issues from our distinguished faculty of legal and scientific experts and government regulators. There will be ample opportunity to have your questions answered. We hope you will be able to join us.

~ Martha C. Franks, Esq. of Abramowitz, Franks & Olsen and Jay F. Stein, Esq. of Stein & Brockmann, Program Co-Chairs

What You Will Learn

  • ~ Overview of "New Directions" for hydrology and the law
  • ~ Interplay between the Anti-Speculation Doctrine and project planning
  • ~ Use of Plans of Replacement to address impairment
  • ~ Third generation hydrologic issues following Tribal water right settlements
  • ~ Hydrologic issues at the convergence of water quality and quantity
  • ~ Aquifer storage, potable reuse, discharge permitting, and abatement

What Attendees Said

  • This seminar has given me quite a lot of follow work, and food for thought. Enjoyed it very much.
  • Great seminar, a lot of information for one day.
  • Great venue!

Wednesday, August 08, 2018

8:00 am

Registration Opens

8:30 am

Overview of New Directions

How New Mexico's prior appropriation doctrine may evolve to meet new business models, application processes, settlement issues and ways of understanding water law

Martha C. Franks, Esq. , Program Co-Chair
Abramowitz Franks & Olsen / Fort Collins, CO

Jay F. Stein, Esq. , Program Co-Chair
Stein & Brockmann / Santa Fe, NM

9:00 am

The Anti-Speculation Doctrine: Reasonable Project Planning vs. the Policy that Disfavors Water Hoarding

How much information does an application require in order not to be speculative?

Amy C. Lewis , Consultant to NM Interstate Stream Commission
Amy C. Lewis, Hydrology and Water Planning / Santa Fe, NM

Creative ways to meet the need for water for growth by obtaining and marketing water supplies

Jeffrey J. Wechsler, Esq.
Montgomery & Andrews / Santa Fe, NM

How long-term planning processes can thread the needle to avoid speculation

Carole Cristiano
Lee Wilson & Associates / Santa Fe, NM

10:30 am

Break

10:45 am

The End of Impairment? New Strategies

What is a Plan of Replacement? Are Plans of Replacement the new normal?

Jay F. Stein, Esq. , Program Co-Chair
Stein & Brockmann / Santa Fe, NM

Specifics on what the hydrologic analysis needs to show for surface water and groundwater

Jay Lazarus , President and Senior Geohydrologist
Glorieta Geoscience / Santa Fe, NM

The State Engineer's perspective on emerging strategies to address impairment

Christopher Lindeen, Esq. , Deputy General Counsel
Office of the State Engineer / Santa Fe, NM

12:15 pm

Lunch (on your own)

1:30 pm

Implementation of Tribal Water Right Settlements: The Next Generation of Issues

Overview

Arianne Singer, Esq. , Moderator, Deputy General Counsel
Office of the State Engineer / Santa Fe, NM

Federal perspective on implementation processes, big picture issues, and hydrologic issues in proof of specific claims

Christopher Banet , Trust Resources and Protection Manager
BIA Southwest Regional Office / Albuquerque, NM

The Aamodt settlement: A case study

John W. Utton, Esq.
Utton & Kery / Albuquerque, NM

Implementation from a Tribal viewpoint

Ann Berkley Rodgers, Esq.
Chestnut Law Offices / Albuquerque, NM

3:15 pm

Break

3:30 pm

Emerging Convergence Between the Law and Hydrology for Water Quantity and Quality

The evolution of water quantity and quality issues-- beginning to converge?

Martha C. Franks, Esq. , Program Co-Chair
Abramowitz, Franks & Olsen / Fort Collins, CO

Issues in aquifer storage, potable reuse, discharge permitting and abatement: What is the state of coordination between agencies addressing quality and quantity? How do other states do it?

Kimberly Bannerman, Esq. , Assistant General Counsel
New Mexico Environment Department / Santa Fe, NM

Case studies using groundwater modeling as a tool to combine water quality and water quantity analyses

Farag Botros, Ph.D., P.E. , Senior Hydrogeologist
Daniel B. Stephens & Associates / Albuquerque, NM

5:00 pm

Evaluations and Adjourn

Faculty Bios

Martha C. Franks, Martha C. Franks, Program Co-Chair, Abramowitz Franks & Olsen, has appeared before the United States Supreme Court twice representing states on matters involving interstate water disputes. She has a broad, unsurpassed knowledge of federal reclamation law and western water law administration and policy.

Jay F. Stein, Jay F. Stein, Program Co-Chair, is a founding member of Stein & Brockmann. He formerly served as counsel to the New Mexico State Engineer and Interstate Stream Commission. He also represented the Midvale Irrigation District in the Big Horn Adjudication on Federal/Tribal/state water issues.

Arianne Singer, Moderator, is Deputy General Counsel for the Office of the State Engineer.

Christopher Banet Christopher Banet is the Trust Resources and Protection Manager at the Bureau of Indian Affairs Southwest Regional Office. He works in the development of and interpreting of data for soil and water management, and collection, processing and analyzing data for assertion and defense of Indian water rights.

Kimberly Bannerman is Assistant General Counsel for the New Mexico Environment Department. She previously served as Acting General Counsel for the New Mexico Interstate Stream Commission.

Farag Botros, Ph.D., P.E., is a Senior Hydrogeologist at Daniel B. Stephens & Associates. His specialties include groundwater, vadose zone, and solute transport modeling, groundwater-surface water interactions, and design of contaminated groundwater remediation systems.

Carole Cristiano, provides technical analysis of water resources in a variety of contexts, including long term planning processes, at Lee Wilson & Associates.

Jay Lazarus Jay Lazarus is President and Senior Geohydrologist at Glorieta Geoscience. His areas of expertise include hydrology, hydrogeology, public water supply development, water resources planning and administration, and water rights administration.

Amy Lewis is an independent consulting hydrologist working on a variety of water resource issues from preparation of water planning documents to research projects for municipalities, Native American communities, and state governments.

Christopher Lindeen is Deputy General Counsel for the Office of the State Engineer.

Ann Berkley Rodgers, Ann Berkley Rodgers, senior attorney at Chestnut Law Offices, has over thirty years of legal experience in Pueblo Indian water rights and has participated as an active attorney in several Pueblo water rights adjudications.

John W. Utton, John W. Utton, Utton & Kery, represented Santa Fe County in the Aamodt stream system adjudication, including negotiation and approvals of the Settlement Agreement with the four Pueblos in the Pojoaque Basin. He also represented the State of New Mexico in the Navajo Nation settlement in the San Juan Adjudication.

Jeffrey J. Wechsler Jeffrey J. Wechsler is a shareholder at Montgomery & Andrews. He concentrates his practice in the areas of water, environmental, natural resources, public utility regulation, and complex litigation. Representative water clients include states, municipalities, ranchers, energy companies, developers, utilities, private industry, and farmers.

Continuing Education Credits

Live credits: This program qualifies for 6.7 New Mexico MCLE credits, 6.75 AICP, and 6.75 Academy of Board Certified Environmental Professionals (ABCEP) 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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Audio Podcasts are perfect for making more effective use of the time you spend commuting.

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