Law Seminars International Presents:

The Sixth Annual Advanced Conference on

Tribal Water in California

A comprehensive update on current critical issues and tips for effective Tribal water strategies

January 28 & 29, 2019

Funner, CA

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Program Overview

Who Should Order

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

Why You Should Order

The Trump administration is moving aggressively to remove environmental regulations that protect endangered fish populations by restricting diversion of water for agriculture. This includes a recent presidential memorandum to speed environmental review of water infrastructure projects. If the Administration is successful, there will be a tremendous impact on the survival of fish and hence on Tribal fishing rights. That will be one of many critical federal and state policy topics we will cover during this program.

You will also have an opportunity to hear practical tips for dealing with water quantity and quality issues. These include a case study of the Pechanga water rights settlement and lessons from others around the country; how to protect water quality through cultural water uses; tips for adapting Tribal water strategies to take advantage of opportunities arising from, or minimize the harm from, major recent court decisions; and how Tribes can most effectively influence the State of California's implementation of the Sustainable Groundwater Planning Act.

Throughout, 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.

~ Colin Cloud Hampson, Esq. of Sonosky Chambers Sachse Endreson & Perry and Denise Turner Walsh, Esq. of Rincon Band of Luiseno Indians, Program Co-Chairs

What You Will Learn

  • ~ Federal administrative policy towards Tribal water rights and settlements
  • ~ Recent US Supreme Court Decisions on\: Tribal water & treaty rights
  • ~ Other Tribal water litigation
  • ~ Protection of water quality through cultural water uses
  • ~ Obtaining and exercising Tribal authority to regulate water quality
  • ~ Water for fish vs agriculture
  • ~ Remedies for failure to consult
  • ~ Implementation of the Sustainable Groundwater Management Act

What Attendees Said

  • "Very well done conference with a wide scope of content and good speakers."
  • "Excellent coverage of a very broad topic. Speakers very informative & concise."
  • "Excellent speakers, experts on Indian Law/Rights."
  • "Really enjoyed the selection of topics and speakers."
  • "Learned a lot; well organized; expert speakers"
  • "Good conference, I would attend again!"

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Colin Cloud Hampson, Esq. , Program Co-Chair
Sonosky Chambers Sachse Endreson & Perry / Bonita, CA

Denise Turner Walsh, Esq. , Program Co-Chair
Rincon Band of Luiseno Indians / Valley Center, CA

9:15 am

Recent Decisions: Tribal Water & Treaty Rights in the US Supreme Court

Agua Caliente after the court declined to hear the case: What to expect as the case goes back to the District Court for the second and third phases of the trial

Catherine F. Munson, Esq.
Kilpatrick Townsend & Stockton / Washington, DC

Washington v. United States (the Culverts Case): Implications of the 4-4 split, which allowed the 9th Circuit decision to stand, for Tribal water issues in other contexts; how the state is addressing the challenge of finding supplemental water

Lauren King, Esq.
Foster Pepper / Seattle, WA

10:30 am


10:45 am

Update on Other Tribal Water Litigation

Pending at the Idaho Supreme Court: Coeur d'Alene Tribe v. State of Idaho regarding entitlement and quantification of federal reserved water rights in a state water rights adjudication

Vanessa L. Ray-Hodge, Esq.
Sonosky Chambers Sachse Endreson & Perry / Albuquerque, NM

National overview of other state and federal cases impacting Tribal water issues

Heather Whiteman Runs Him, Esq. , Staff Attorney
Native American Rights Fund / Boulder, CO

12:15 pm

Lunch (on your own)

1:30 pm

Federal Administrative Policy Towards Tribal Water Rights and Settlements

Insights from the Trump Administration's general track record in Indian Country for Tribes concerned about water rights and quality; concerns about continued funding for settlements

Lawrence S. Roberts, Esq.
Kilpatrick Townsend & Stockton / Washington, DC

Progress on S.664 (Navajo Utah) S.1770 (Hualapai) settlement facing Trump Administration opposition; S.2154 (Kickapoo); other developments

Katie Brossy, Esq.
Akin Gump Strauss Hauer & Feld / Washington, DC

3:00 pm


3:15 pm

Water Rights and Water Settlements: The Basics

The basics of Indian reserved water rights and water settlements; a foundation for understanding current developments

Colin Cloud Hampson, Esq. , Program Chair
Sonosky Chambers Sachse Endreson & Perry / San Diego, CA

4:00 pm

Water Quality Issues

Protection of water quality through cultural water uses

Theodore J. Griswold, Esq.
Procopio Cory Hargreaves & Savitch / San Diego, CA

Art Bunce, Esq.
Law Offices of Art Bunce / Escondido, CA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Sonosky Chambers Sachse Endreson & Perry

Tuesday, January 29, 2019

9:00 am

Water for Fish

Technical perspective on stream flows for fish: What are the order of magnitude impacts of water uses on aquatic habitat? Where should the focus be?

Robert Anderson, LHG, CWRE , Senior Principal Hydrogeologist
Geosyntec Consultants / Seattle, WA

Update on litigation against the fisheries service and reclamation regarding agency obligations to re-initiate consultation during project implementation; Trump Administration efforts to require diversion of more water for agriculture

Thane D. Somerville, Esq.
Morisset Schlosser Jozwiak & Somerville / Seattle, WA

10:15 am


10:30 am

Update on State Implementation of the Sustainable Groundwater Management Act (SGMA) and the Impact on Tribes

Update on the Department of Water Resources (DWR) implementation activities with a focus on the areas of greatest interest to Tribes including Tribal status as sovereigns with treaty rights to water that may supersede what GSAs do with their GSPs

Anecita Agustinez , Tribal Policy Advisor
California Department of Water Resources / Sacramento, CA

What Tribes need to know about DWR regulations for plan contents and planning timelines; minimum thresholds; what happens if the minimum thresholds are below state standards; coordination requirements; evaluation and reporting provisions

Vera H. Nelson, PE , Vice President
EKI Environment and Water, Inc. / Burlingame, CA

Case study of the process for GSP development in the San Luis Rey River groundwater basin: How has the settlement factored into the discussions?

Edward Roybal, Esq. , Tribal Attorney
Pala Band of Mission Indians / Pala, CA

12:30 pm

Evaluations and Adjourn

Faculty Bios

Colin Cloud Hampson Colin Cloud Hampson (Winnebago Tribe of Nebraska and the White Earth Band of Chippewa), Program Co-Chair, is a partner at Sonosky Chambers Sachse Endreson & Perry. He represents Tribes and Tribal organizations on a wide range of Indian law matters including gaming, commercial and economic development matters, gaming regulation, energy, water, construction, jurisdiction, recognition, legislative issues, environmental law, health care, tax, Indian Self-Determination and Education Assistance Act, employment, election, administrative law and general counsel matters.

Denise Turner Walsh, Program Co-Chair, is the Attorney General for the Rincon Band of Luiseno Indians. She has focused on development of the Tribe's legal infrastructure to assert and protect the Tribe's sovereignty and right to self-government. As chief lawyer for the Rincon Band, she has worked diligently to secure the Tribe's commercial footing in gaming, real estate development and investment-related transactions.

Anecita Agustinez Anecita Agustinez has been the Tribal Policy Advisor to the California Department of Water Resources since August 2013. She has been actively engaged with DWR's various divisions assisting in Tribal Consultation and in the development of DWR's Tribal Consultation Policy

Robert Anderson is a Senio Robert Anderson is a Senio r Principal Hydrogeologist at Geosyntec Consultants. His technical expertise includes hydrologic characterization, aquifer characterization, groundwater and surface water interaction, and flow system modeling.

Katie Brossy Katie Brossy is Senior Counsel at Akin Gump Strauss Hauer & Feld, She has worked on a number of highly significant Tribal issues, including one of largest Indian water rights settlements in U.S. history and the largest Tribal trust claim settlement.

Art Bunce, Art Bunce, Law Offices of Art Bunce, has represented many Tribes over the years, but primarily the Agua Caliente Band of Cahuilla Indians and the Barona Band of Mission Indians.

Theodore J. Griswold, Theodore J. Griswold, partner at Procopio Cory Hargreaves & Savitch, is Chair of the Native American team. His practice includes federal permitting, water supply development and protection, water quality, and Tribal cultural resource protections.

Lauren King Lauren King is a partner at Foster Pepper PLLC in Seattle, Washington, where she chairs the Native American practice group. She is also an enrolled citizen of the Muscogee (Creek) Nation and an appellate judge in the Northwest Intertribal Court System.

Catherine F. Munson Catherine F. Munson is the Managing Partner of Kilpatrick Townsend & Stockton's Washington, DC, office and co-leader of the Native American Affairs practice.

Vera H. Nelson is Vera H. Nelson is a Vice President of EKI Environment and Water, Inc. She has a graduate degree in water resources from Stanford University and is a registered civil engineer in California. As part of her practice, she is preparing Groundwater Sustainability Plans for multiple groundwater Basins in California pursuant to the Sustainable Groundwater Management Act (SGMA) and assisting Native American Tribes in assessing available groundwater supplies.

Vanessa L. Ray-Hodge Vanessa L. Ray-Hodge (Pueblo of Acoma) is a partner at Sonosky Chambers Sachse Endreson & Perry. Prior to rejoining Sonosky, she served as the Senior Counselor to Solicitor Hilary Tompkins at the Department of the Interior.

Lawrence S. Roberts Lawrence S. Roberts is Of Counsel at Kilpatrick Townsend & Stockton. His work with the Department of the Interior was in the Office of the Assistant Secretary for Indian Affairs, including leading Indian Affairs from the previous Assistant Secretary's departure at the end of 2015 through January 20, 2017.

Edward Roybal is the Tribal Attorney for the Pala Band of Mission Indians.

Thane D. Somerville, Thane D. Somerville, Director at Morisset Schlosser Jozwiak & Somerville, exclusively represents Tribal governments and enterprises His practice includes all aspects of Tribal, representation, with special emphasis on preservation of natural and cultural resources.

Heather Whiteman Runs Him Heather Whiteman Runs Him is a Staff Attorney for the Native American Rights Fund where she focuses on Tribal water rights and natural resource issues. She previously served as Joint Lead Counsel for the Crow Tribe of Montana.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 9:50 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.