Law Seminars International Presents:

A Comprehensive Virtual Conference on

Tribal Water in the Pacific Northwest

Major new developments affecting Tribal water rights and quality

March 24 & 25, 2022

Pacific Time Zone

As a value added bonus, you'll receive access to downloadable audio and video recordings at no additional charge.

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Program Overview

Who Will Benefit from Attending

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

Why You will Benefit from Attending

There currently are a wide variety of Tribal water-related issues at play in the Pacific Northwest and this year's Tribal Water program will provide you with comprehensive coverage of those issues. We will start with instream flows, how to quantify them, and how to establish off-reservation flows. We also will provide tips for dealing with unquantified rights when you are involved in permitting issues under Washington law.

Stream flows also are an essential part of the state's salmon recovery efforts. You will hear from the Puget Sound Partnership about its collaborative approach for regional recovery priorities. You also will hear about the broader range of ESA issues and the interplay between the federal act and state water rights.

Tribes need water of sufficient quality to meet their needs. You will hear tips for using sections 301 and 402 of the Clean Water Act to adopt Tribal water quality standards that will protect off-reservation water. You also will hear the latest creative thinking for securing ground water quality through groundwater rights claims.

There have been a couple of significant court cases on the conflict between surface water diversions by holders of municipal water rights and stream flows for protecting natural resources. You will hear tips for challenging applications that would impair Tribal stream flow rights.

It will be a very informative day and a half with a faculty of subject matter experts. We hope to "see" you there.

~ Claire R. Newman, Esq. of Kanji & Katzen and

Thomas P. Schlosser, Esq. of Morisset Schlosser Jozwiak & Somerville, Program Co-Chairs

What You Will Learn

  • Legal theories for establishing off-reservation instream flows
  • Methodologies for quantifying instream flows
  • How unquantified water rights factor into permitting decisions
  • Water compacts as an alternative to water rights adjudications
  • Using Tribal water quality standards to protect off-reservation water
  • Securing ground water quality through groundwater water rights claims
  • Endangered Species Act issues
  • Salmon recovery update
  • Tips for resisting misuse of municipal water rights
  • What next for the Yakima Basin after Acquavella

What Participants Have Said About Similar Programs

  • The content was timely with interesting perspectives being shared by the presenters. Because of this good experience, I intend to watch the annual clean water seminar later next month.
  • It was an excellent seminar. It saved me money and time to be able to watch remotely.
  • "I Have appreciated the inclusion of Indian Presenters."
  • "Great mix and balance of litigation + policy; law + tech/science presentations"
  • "Thanks for putting this together!"

Agenda Day 1

9:00 am

Introduction & Overview

Claire R. Newman, Esq. , Program Co-Chair
Kanji & Katzen / Seattle, WA

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

9:15 am

Establishing Off-Reservation Instream Flows

Legal theories supporting off-reservation rights and the issue of appurtenance

Jay Weiner, Esq.
Rosette LLP / Sacramento, CA

10:00 am

Break

10:15 am

Methodologies for Quantifying Instream Flows

Technical and legal perspectives on methodological choices, how they compare, and tips for picking the best fit with the situation at hand

Thomas B. Hardy, Ph.D. , Chief Science Officer
The Meadows Center for Water and the Environment / San Marcos, TX

Dylan Hedden-Nicely, Esq. , Director, Native American Law Program
University of Idaho College of Law / Moscow, ID

11:30 am

How Unquantified Water Rights Factor into Permitting Decisions

Case study of permitting under Washington law

Shona Voelckers, Esq. , Staff Attorney
Yakama Nation / Toppenish, WA

12:15 pm

Lunch Break

1:15 pm

Water Compacts as an Alternative to Water Rights Adjudications

Case study of water compacts between the state of Montana and Tribes: What are the preconditions for a successful compacting process? What other states could benefit from that approach?

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

Jeanne S. Whiteing, Esq. , Tribal Attorney
Blackfeet Nation / Boulder, CO

2:15 pm

Using Tribal Water Quality Standards to Protect Off-Reservation Water

Clean Water Act Sections 301 and 402 recognize the impact on downstream Tribes if they have TAS status: How well does that work and can EPA improve protection of Ttribal water?

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

3:00 pm

Break

3:15 pm

Securing Ground Water Quality Through Groundwater Water Rights Claims

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

4:00 pm

Endangered Species Act Issues

Case study of the Oregon Water Resources Department decision on stored water and the implications for the interplay between the ESA and state water rights

Patti Goldman, Esq. , Senior Attorney
Earthjustice / Seattle, WA

4:30 pm

Adjourn Day 1

Friday, March 25, 2022

9:00 am

Stream Water Flows for Fish: Skagit River Developments

Sauk-Suiattle Tribe's suit against the City of Seattle: New developments in Tribal use of Rights of Nature legal theories in Tribal Courts to protect salmon and other natural resources

Jack Fiander, Esq. , Outside Counsel
Sauk-Suiattle Indian Tribe / Darrington, WA

9:45 am

Salmon Recovery

Legislative update: Salmon recovery ideas and their outcomes

Don Gourlie, Esq. , Legislative Policy Director
Puget Sound Partnership / Tacoma, WA

The broader collaborative salmon recovery effort in Puget Sound

Amber Moore , Salmon Recovery Manager
Puget Sound Partnership / Tacoma, WA

11:00 am

Break

11:15 am

Municipal Water Rights: Analysis of Darrington-US Golden Eagle (USGE) and Other Cases

Tips for arguing against applications that would impair existing instream flow rights such as those establish by WAC 173-503, would improperly convert water use from a municipal use to an agricultural use, or otherwise encourage water speculation

Margaret Franquemont, Esq. , Staff Attorney
Center for Environmental Law & Policy / Seattle, WA

12:00 pm

Evaluations and Adjourn

Faculty Bios

Claire R. Newman, Program Co-Chair, focuses on Tribal and water law at Kanji & Katzen. It is a nationally recognized firm committed to protecting and enhancing the sovereignty and vitality of Indian nations and their members.

Thomas P. Schlosser, Thomas P. Schlosser, Program Co-Chair, is a principal at Morisset Schlosser Jozwiak & Somerville. He represents Indian tribes and tribal organizations in federal litigation, natural resources, business development and Indian property issues.

Jack Fiander (Yakama Nation) is Outside Counsel for the Sauk-Suiattle Indian Tribe. He represents the Tribe in its third lawsuit against the City of Seattle regarding City Light's hydroelectric dams on the Skagit River.

Margaret Franquemont Margaret Franquemont is a Staff Attorney at the Center for Environmental Law & Policy. She has focused her legal career on Environmental & Natural Resource Law as well as Ocean & Coastal Law.

Patti Goldman Patti Goldman is a Senior Attorney at Earthjustice. From 2008-June 2014, she served as Earthjustice's Vice President for Litigation, overseeing all of the organization's litigation, programs and regional offices. She served as Northwest Managing Attorney for nearly 20 years before and after her tenure as Vice President.

Don Gourlie is Legislative Policy Director for the Puget Sound Partnership.

Thomas B. Hardy, Ph.D., Thomas B. Hardy, Ph.D., is the Chief Science Officer for The Meadows Center for Water and the Environment at Texas State University. He formerly served as Associate Director, Utah Water Research Laboratory.

Dylan Hedden-Nicely Dylan Hedden-Nicely (Cherokee Nation of Oklahoma) is Director of the Native American Law Program at the University of Idaho's College of Law. His areas of specialization are Native American law, water law, climate change and the law, and the interrelationship of law and science.

Amber Moore Amber Moore is the Salmon Recovery Manager for the Puget Sound Partnership. She previously worked as an Ecosystem Recovery Coordinator at the Partnership and before that as a contractor with NOAA's Office of Habitat Conservation working on coastal and ocean policy development and strategic planning for better protection and restoration of coastal and marine fisheries habitats.

Catherine F. Munson Catherine F. Munson is a partner at Kilpatrick Townsend & Stockton where she is co-leader of the Native American Affairs practice. She specializes in water-related litigation and in advising clients on water matters, including water marketing, leasing, storage, protection of water quality, water regulation, and code drafting.

Vanessa L. Ray-Hodge Vanessa L. Ray-Hodge (Pueblo of Acoma) is a partner in the Albuquerque office of Sonosky Chambers Sachse Endreson & Perry. She works in all areas of the firm's practice with a special focus in water rights and energy and economic development issues.

Shona Voelckers Shona Voelckers is a Staff Attorney for the Yakama Nation. Her practice focuses on protecting Yakama Nation's Treaty-reserved cultural and natural resources through litigation and collaborative land use planning with local jurisdictions and state and federal agencies.

Jay Weiner Jay Weiner is Of Counsel to Rosette LLP. He has developed extensive expertise in federal Indian water law, has worked on multiple Indian water rights settlements, and has represented clients in adjudications and other water-related proceedings in California, Montana, and Oregon.

Jeanne S. Whiteing (Blackfeet Nation) serves as Tribal Attorney for the Blackfeet Nation on water rights issues. This includes negotiation of the Tribe's water rights compact with the State of Montana.

Continuing Education Credits

Live credits: This program qualifies for 8.00 Washington MCLE, 8.00 ABCEP environmental professional, and 8.00 AICP land use planner credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.

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