Law Seminars International Presents:

27th Annual Conference on Critical Developments in

Water Law in Washington

Major legislative changes, new case law, important practical information for water rights and resource management

June 14 & 15, 2018

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

Download PDF Brochure
Seminar Image

Program Overview

Who Should Order

Attorneys, environmental and land use professionals, local government and Tribal representatives, planners, landowners, water users, and other stakeholders

Why You Should Order

The 2018 Washington State Legislature passed major water resource legislation in response to the Hirst and Foster Supreme Court decisions. The legislation, SB 6091, creates a new structure for the use of exempt wells, Growth Management Act requirements relating to water resources, and creates funding for local planning processes and instream flow projects. In addition, SB 6091established a task force reviewing the issue of water rights mitigation under the Foster decision, and authorized pilot projects for water right permitting. This seminar will focus on the contents and implementation of the new legislation, recent developments in reclaimed water, updates on water resource case law, and the ramifications of the federal "Culverts" case pending before the U.S. Supreme Court.

~ Peter H. Dykstra, Esq. of Plauche & Carr LLP and Bill Clarke, Esq.,

Attorney at Law & Government Affairs, Program Co-Chairs

What You Will Learn

  • ~ The "Hirst Fix" Legislation
  • ~ Implementation details and challenges
  • ~ Mitigation: Foster Legislative Task Force and pilot projects
  • ~ Ecology's recently adopted Reclaimed Water Rule
  • ~ Tribes as key players for water resource Pllanning and management
  • ~ The Culverts Case: Ramifications for Washington water law and tribal assertion of treaty rights
  • ~ Update on other key cases
  • ~ Ethics

What Attendees Said

  • "I enjoyed hearing all the different perspectives during each session."
  • "Great seminar! Thank you."
  • "This program was very topical and I found that extremely useful. Nicely done!"
  • "Really appreciate the diversity of the presentations - more reflective of the diversity of interests and issues facing water law and policy."

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Bill Clarke, Esq. , Program Co-Chair
Attorney at Law & Government Affairs / Olympia, WA

Peter H. Dykstra, Esq. , Program Co-Chair
Plauche & Carr / Seattle, WA

9:15 am

The "Hirst Fix" Legislation: What Happened

A review of how the legislation developed and stakeholder positions on key issues relating to exempt wells, protection of instream flows, and local planning efforts

Kathleen Collins , Owner
Capitol Strategies Consulting / Olympia, WA

Robert M. Duff , Senior Policy Advisor, Natural Resources & Environment
Office of Governor Jay Inslee / Olympia, WA

10:15 am


10:30 am

Special Address: State Implementation of ESSB 6091 (Hirst) Legislation

Western water law is evolving in Washington State - embarking on a new era of managing permit-exempt wells and restoring streamflows

The Hon. Maia D. Bellon , Director
Washington State Department of Ecology / Olympia, WA

11:00 am

"Hirst Fix" Implementation: Details and Challenges for Local Governments

What is next for planning and project approval processes?

Stephen Hirschey , Water Quality Planner/Project Manager III
King County Utilities Technical Review Committee / Seattle, WA

Mark Personius, AICP , Interim Director
Whatcom County Planning Department / Bellingham, WA

12:15 pm

Lunch (on your own)

1:30 pm

Mitigation: Foster Legislative Task Force and Pilot Projects

Scope of the inquiry and update on progress so far; pilot projects; other proposed stream flow projects that could receive funding outside the pilot project provisions; practical interim implementation strategies

Michael J. Gallagher , Section Manager, Southwest Regional Water Resources
Washington State Department of Ecology / Olympia, WA

Thomas M. Pors, Esq.
Law Office of Thomas M. Pors / Seattle, WA

Bruce Wishart , Government Affairs Director
The Sierra Club and Center for Environmental Law & Policy / Seattle, WA

3:15 pm


3:30 pm

Climate Projections & Water Supply

What climate change models say about water supply issues for instream flows, surface water for storage, and groundwater supplies

Crystal Raymond, Ph.D. , Climate Adaptation Specialist
UW - Climate Impacts Group / Seattle, WA

4:15 pm

Ecology's Recently Adopted Reclaimed Water Rule: A New Tool for Addressing Aquifer Depletion and Improving Stream Flows

Standards and requirements in the rule including mechanisms for protection of public health and water quality; the relationship between the new rule and Washington's Anti-degradation of Groundwater Rule; issues between local governments and purveyors

Jacque Klug , Recycled Water Project Manager
King County / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Plauche & Carr LLP and Bill Clarke Attorney at Law & Government Affairs

Friday, June 15, 2018

9:00 am

Water Banking for Agricultural Water Supplies

Peter H. Dykstra, Esq. , Program Co-Chair
Plauche & Carr / Seattle, WA

Dan Haller , Associate Water Resources Engineer
Aspect Consulting / Yakima, WA

Cynthia Krass , Executive Director
Snoqualmie Valley Watershed Improvement District / Carnation, WA

Amanda Cronin
AMP Insights / Seattle, WA

10:30 am


10:45 am

Case Law Update

Alan Reichman, Esq. , Senior Counsel
Washington State Office of the Attorney General / Olympia, WA

11:30 am

How Would You Decide - A Live Survey Session

A non-scientific, real-time survey on a series of questions relating to water resource and water supply issues in Washington State

Bill Clarke, Esq. , Program Co-Chair
Attorney at Law & Government Affairs / Olympia, WA

12:00 pm

Lunch (on your own)

1:15 pm

Tribes as Key Players for Water Resource Planning and Management

Tribal perspective on issues left unresolved after the Hirst Fix legislation, political challenges to overcome, and the Tribal role moving forward

Patrick Williams, Esq.
Law Office of M. Patrick Williams / Seattle, WA

1:45 pm

The Culverts Case at the U.S Supreme Court: Ramifications for Washington Water Law and Tribal Assertion of Treaty Rights

Perspectives on what next

Richard A. Du Bey, Esq.
Ogden Murphy Wallace / Seattle, WA

J. Nathanael Watson, Esq.
Stoel Rives / Seatlle, WA

Carl Schroeder , Government Relations Advocate
Association of Washington Cities / Olympia, WA

3:15 pm


3:30 pm

Ethical Issues for Lawyers

Special issues arising during the complex administrative and court proceedings involving multiple parties and a transition from an administrative forum to a judicial one

Leland G. Ripley, Esq.
Ripley Law Firm / Duvall, WA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Bill Clarke, Bill Clarke, Program Co-Chair, Attorney at Law & Government Affairs, is a former chair of the Washington State Pollution Control Hearings Board and Shorelines Hearings Board.

Peter H. Dykstra, Peter H. Dykstra, Program Co-Chair, Plauche & Carr, counsels public and private clients on water rights, land conservation transactions and strategies, ecosystem service markets, and complex natural resource projects.

The Hon. Maia D. Bellon, The Hon. Maia D. Bellon, Special Address, has been the Director of the Washington State Department of Ecology since 2013.

Kathleen Collins Kathleen Collins is the Owner of Capitol Strategies Consulting. She lobbies and consults on environment, business, energy, fiscal, transportation, and other issues. She previously lobbied for the Association of Washington Cities.

Richard A. Du Bey Richard A. Du Bey chairs the Tribal Government Practice Group at Ogden Murphy Wallace.

Robert M. Duff Robert M. Duff is Senior Policy Advisor, Natural Resources & Environment for Governor Jay Inslee.

Michael J. Gallagher Michael J. Gallagher is the Southwest Regional Water Resources Section Manager for the Washington State Department of Ecology.

Dan Haller Dan Haller is a Principal Engineer for Aspect Consulting, providing water right permitting and water resource engineering and management.

Stephen Hirschey Stephen Hirschey is Water Quality Planner/Project Manager III for King County Utilities Technical Review Committee.

Jacque Klug Jacque Klug is the Recycled Water Project Manager for King County. She supports King County's Recycled Water Program.

Cynthia Krass Cynthia Krass is the Executive Director of the Snoqualmie Valley Watershed Improvement District.

Mark Personius, AICP, Mark Personius, AICP, is the Planning and Development Services Director of the Whatcom County Planning Department.

Thomas M. Pors, Thomas M. Pors, Law Office of Thomas M. Pors, focuses on water rights development and transfers, project permitting, municipal water system planning, and water right appeals.

Crystal Raymond, Ph.D., Crystal Raymond, Ph.D., is a Climate Adaptation Specialist at the University of Washington - Climate Impacts Group.

Alan Reichman Alan Reichman is Senior Counsel in the Ecology Division of the Washington State Attorney General's Office.

Leland G. Ripley, Ripley Law Firm, is former disciplinary counsel for the Washington State Bar Association and focuses his practice on ethics and professional responsibility law.

Carl Schroeder Carl Schroeder is a Government Relations Advocate with the Association of Washington Cities.

J. Nathanael Watson J. Nathanael Watson is Of Counsel to Stoel Rives LLP and focuses on tribal and environmental laws, including land-into-trust issues, tribal recognition.

Patrick Williams, Law Office of M. Patrick Williams, focuses on Environmental law, policy and litigation.

Bruce Wishart Bruce Wishart is a contract lobbyist and represents nonprofit environmental groups including the Sierra Club and the Center for Environmental Law & Policy (CELP).

Continuing Education Credits

This program qualifies for 11.75 Washington MCLE credits, 11.75 AICP, and 11.75 ABCEP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Replay Options

Video Replays allow you to time-shift your content. The streaming on demand and Vodcast options have navigation tools and search capabilities that allow you to quickly find the portions most important to you. The Vodcast option also allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

Video Streaming System Validation

To make sure that your internal network will not block assess to the live or on demand webcast, please click here to test compatibility.

To make sure your network will not throttle the stream, please click here to test to check for a proxy server.. All should report false.


Webcast Screenshot

Webcast Presentation Focus

Webcast Screenshot

Webcast Speaker Focus