Law Seminars International Presents:

An Intensive, Practical One-Day Seminar on Using

Hydrology in Water Law Proceedings

New developments and strategies for effective use of scientific proof in water disputes

July 17, 2019

Santa Fe, NM

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Program Overview

Who Should Attend

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 Attend

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 challenges of new discovery techniques in the protection of technical reports, the meaning for both lawyers and hydrologists of recent rulings on aboriginal water rights, and the beginnings of the conversation that all water professionals need to have about the meaning of "public welfare" and the roles of policy and technical expertise in defining that phrase.

We hope to see you there. It will be an interactive discussion, so please come with your opinions!

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

What You Will Learn

  • Hydrology, climate change, and compact compliance in the Pecos River Basin
  • Quantifying aboriginal rights on Pueblo land after the District Court decision in the Jemez River Adjudication
  • Aquifer Science LLC's application for the Campbell Ranch Development and modeling to show future sufficient water availability
  • Public Welfare as an emerging element of the water rights application process

What Attendees Have Said About Similar Programs

  • Overall, excellent program.
  • I found the information presented in this conference very valuable. I will take the information that I learned back with me to help in my everyday responsibilities.
  • Excellent panels. It was informative (and entertaining) to have opposing views on same panel.

Wednesday, July 17, 2019

8:00 am

Registration Opens

8:30 am

Introduction & Overview

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

8:45 am

Hydrology, Climate Change, and Compact Compliance

Case study of current issues in the Pecos River Basin

Hannah Riseley-White , Pecos River Basin Manager
New Mexico Interstate Stream Commission / Santa Fe, NM

Elizabeth Newlin Taylor, Esq.
Taylor & McCaleb / Corrales, NM

Peggy Barroll, Ph.D. , Consultant to the
Office of the State Engineer / Santa Fe, NM

10:30 am

Break

10:45 am

Quantifying Tribal Water Rights: The Impact of Judge Vasquez's "Aboriginal Priority" Decision in the Jemez River Adjudication

Overview of the opinion and update on the appeal to the Tenth Circuit

James C. Brockmann, Esq. , Moderator
Stein & Brockmann / Santa Fe, NM

Perspectives on future treatment of aboriginal priorities in state adjudications and impact of other recent developments on the scope of Tribal water rights

Kelly Brooks Smith, Esq. , Managing Attorney - Northern New Mexico Water Rights Adjudications
Office of the State Engineer / Santa Fe, NM

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

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

12:15 pm

Lunch (on your own)

1:30 pm

Water for New Development and Public Welfare Considerations

Case study of Aquifer Science LLC's application for a permit for the proposed Campbell Ranch Development: Unique hydrologic issues

D. L. Sanders, Esq. , Moderator
DL Sanders LLC: Water in New Mexico / Santa Fe, NM

Overview of the proposed development and the applicant's approach to showing sufficient water availability

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

Regulatory perspective on the role of modeling in the application process; what stakeholders need to see in models; issues arising from ambiguities or a lack of consensus in the models; tips for reviewing models and challenging inputs or algorithms

Maureen Dolan
Office of the State Engineer / Santa Fe, NM

3:00 pm

Break

3:15 pm

Developing Public Welfare Criteria: Public Welfare as the Emerging Element of the Water Rights Application Process

When is a transfer "detrimental to the public welfare or contrary to the conservation of water" and what is the role of scientific evidence in making that determination?

D. L. Sanders, Esq. , Moderator
DL Sanders LLC: Water in New Mexico / Santa Fe, NM

Perspectives on the best ways to rise to the challenge from the judge's decision in the Aquifer Science case to develop a clear meaning of "public welfare"

David Benavides, Esq. , Managing Attorney for the Land and Water Rights Project
New Mexico Legal Aid Inc. / Santa Fe, NM

Christopher Lindeen, Esq.
L. Christopher Lindeen Attorney at Law / Santa Fe, NM

Eluid L. Martinez , President
Water Resources Management Consultants LLC / Santa Fe, NM

5:00 pm

Evaluations and Adjourn

Faculty Bios

Martha C. Franks, Martha C. Franks, Program Co-Chair, is a partner at Abramowitz Franks & Olsen. She formerly served as a Special Assistant Attorney General for the Office of the State Engineer and as Solicitor for the Department of the Interior, representing the Bureau of Reclamation and the Bureau of Land Management.

Jay F. Stein, Jay F. Stein, Program Co-Chair, is a founding partner at Stein & Brockmann. A New Mexico Board Certified Specialist in Water Law, he is a former counsel to the New Mexico State Engineer and the Interstate Stream Commission.

James C. Brockmann, James C. Brockmann, Moderator, is a named partner at Stein & Brockmann and a Board-Certified Water Law Specialist. His experience includes suits involving the apportionment of water from the North Platte River, upstream diversions of the Arkansas River, and Alamogordo's successful application for groundwater appropriation.

D. L. Sanders, D. L. Sanders, Moderator, DL Sanders LLC: Water in New Mexico previously served as chief counsel for the New Mexico Office of the State Engineer. He also served on the Western States Water Counsel and as a commissioner on the New Mexico Water Quality Control Commission.

Peggy Barroll, Ph.D., Peggy Barroll, Ph.D., Senior Hydrologist, retired from the Office of the State Engineer in 2017 and currently consults with the State of New Mexico on water resource related issues.

David Benavides David Benavides is the Managing Attorney for the Land and Water Rights Project for New Mexico Legal Aid Inc. For the past 25 years, he has been working on water rights in northern New Mexico.

Maureen Dolan is the Acting Manager of the Administrative Litigation Unit of the Office of the State Engineer. The unit handles protested and aggrieved water rights applications and related litigation statewide.

Christopher Lindeen, L. Christopher Lindeen Attorney at Law, is former Deputy General Counsel for the Office of the State Engineer for the Water Rights Division.

Eluid L. Martinez is President of Water Resources Management Consultants LLC. He previously served as the Commissioner of the U.S. Bureau of Reclamation and as as the New Mexico State Engineer.

Hannah Riseley-White Hannah Riseley-White is the Pecos River Basin Manager for the New Mexico Interstate Stream Commission.

Ann Berkley Rodgers, Ann Berkley Rodgers, Chestnut Law Offices, has participated as an active attorney in several Pueblo water rights adjudications.

Arianne Singer Arianne Singer is Deputy General Counsel for the Office of the State Engineer. She represented the state in the Aamodt adjudication to untangle water rights in the Pojoaque River Basin.

Kelly Brooks Smith Kelly Brooks Smith is the Managing Attorney for the Northern New Mexico Water Rights Adjudications in the Office of the State Engineer.

Elizabeth Newlin Taylor, Elizabeth Newlin Taylor, Taylor & McCaleb, assists private clients in the evaluation, establishment and transfer of water rights, and public clients in the development of institutional water plans and negotiation of contracts with the United States Bureau of Reclamation.

Jeffrey J. Wechsler Jeffrey J. Wechsler is a shareholder at Montgomery & Andrews. He is currently counsel for the State of Montana in Montana v. Wyoming and for the State of New Mexico in Texas v. New Mexico.

Continuing Education Credits

Live credits: This program qualifies for 6.50 New Mexico MCLE credits. It also qualifies for 6.50 ABCEP environmental professionals maintenance hours. Upon request, we will help you apply for CLE credits in other states and other types of credits.

Location

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La Fonda Santa Fe Hotel

100 E. San Francisco Street in Santa Fe, NM 87501
(505) 982-5511

The seminar will be held at the La Fonda Santa Fe Hotel at 100 E. San Francisco Street in Santa Fe, NM 87501. Call the hotel directly at (505) 982-5511 for reservations at the specially negotiated rate of $219 and mention that you are attending a Law Seminars International seminar. Rooms are on a first come, first served basis.
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