Program Overview
Who Should Order
Attorneys, Tribal, local, state and federal governmental representatives, environmental professionals, industry executives, water users and their representatives
Why You will Benefit from the Replay
Sometimes elections do make a difference. The weeks since January 20 have seen executive actions, Senate confirmations, and Congressional budget actions that create a significantly different federal policy environment than the more tempered changes that previously accompanied a change in control in the nation's capital.
Meanwhile, on the ground in the Southwest, the ongoing drought has been keeping water supply issues on the front burner for local, state, regional, and Tribal leaders to resolve. This year we start the program with a water supply forecast to put the issues in the context of the amount of water we can expect to be available.
Particularly in time of water scarcity, settlement of Tribal water rights is essential for ensuring adequate Tribal water supplies. You will want to hear about changes at the Department of the Interior, the status of settlements in the federal pipeline, and how the new political landscape will affect settlement implementation. This will include case studies of two recent Tribal water right settlement agreements that are awaiting Congressional approval. You also will hear tips for developing effective settlement implementation plans and obtaining court approval of the plans.
The recent Supreme Court Sackett decision has made it more difficult for federal agencies to regulate water quality. You will learn about the differences between federal jurisdiction and Tribal jurisdiction over surface waters and tips for using hydrologic science to show connectivity with navigational waters.
In addition to the federal settlement process, state adjudication processes are a pathway for quantifying Tribal water rights. Another pathway is litigation to resolve conflicts between competing water users as exemplified by the recent Agua Caliente groundwater rights settlement agreement.
On a cautionary note, you will hear about the risks of using MOUs to resolve lawsuits. We will include a case study of the Trump Administration's withdrawal from the "Resilient Columbia Basin Agreement" which was a negotiated compromise between water for electric generation and water for fish habitat.
Water supplies must be of acceptable quality for their intended use. You will hear about current EPA policy priorities in the post-Sackett environment and how Tribes can use Treatment as a State Under the Clean Water Act to maximize their water quality leverage.
The region is very dependent on water from the Colorado River. Our closing panel will bring you up to date on how key stakeholders view options for sustainable river management in the current political and water supply environment.
This is an important year on many fronts for Tribal water. We hope you will join us in the discussion. Register soon to reserve your virtual seat.
~ Vanessa L. Ray-Hodge, Esq. of Sonosky Chambers Sachse Endreson & Perry and Heather Whiteman Runs Him, Esq. of James E. Rogers College of Law, Program Co-Chairs
What You Will Learn
- Water availability for solving water problems in the Southwest
- Update from the nation's capital on developments affecting Tribal water
- Case studies of recent Tribal water rights settlement agreements awaiting Congressional approval
- Legal and practical Issues likely to arise after Congressional approval
- Tribal jurisdiction over surface water after the Sackett ruling
- Case study of the Little Colorado River Adjudication in Arizona
- Case study of the Agua Caliente groundwater rights settlement
- Use of Memoranda of Understandings (MOUs) to resolve litigation
- Current EPA policy priorities and approaches for protecting Tribal water quality
- Tips for using Treatment as a State Under the Clean Water Act to maximize Tribal water quality leverage
- Colorado River Basin management
What Participants Said
- Very good conference and agenda w/ professional speakers. Thank you for all the information
- "Now I have a better understanding on how Tribal Water is a big issue and there are laws, settlements, and financial gates to get through. All the speakers and topics were very interesting."
- "Excellent Speakers, Wide range of expert level knowledge, Great update on current state of issues."
- "Very good climatologist presentation as one of the first subjects to be touched on. Great presentations of explaining data."
- Everyone I've worked with has been top notch, I'm so grateful for that expertise
Agenda Day 1
9:00 am
Mountain Standard Time: Introduction & Overview
Vanessa L. Ray-Hodge, Esq.
, Program Co-Chair
Sonosky Chambers Sachse Endreson & Perry / Albuquerque, NM
Heather Whiteman Runs Him, Esq.
, Program Co-Chair, Director, Tribal Justice Clinic
James E. Rogers College of Law / Tucson, AZ
9:15 am
Water Availability: How Much Water Will Mother Nature Supply?
Climatological forecasts for near-term and long-term water supplies including climate change impacts vs normal variability
Erinanne Saffell, Ph.D.
, Arizona State Climatologist
Arizona State University / Tempe, AZ
10:00 am
Break
10:15 am
Case Studies of Recent Tribal Water Rights Settlement Agreements Awaiting Congressional Approval
Arizona and New Mexico as ground zero for pending settlements in the Southwest: Yavapai Apache case study
Mary J. Pavel, Esq.
Sonosky Chambers Sachse Endreson & Perry / Washington, DC
The Arizona Indian Water Settlement Agreement signed by the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe
Judith M. Dworkin, Esq.
Sacks Tierney / Scottsdale, AZ
12:15 pm
Lunch Break
1:30 pm
Settlement Implementation: Legal and Practical Issues Likely to Arise After Congressional Approval
How to develop effective implementation plans, including the most effective use of federal funding, and tips for negotiating settlement terms to facilitate easier implementation
Katie Brossy, Esq.
Akin Gump Strauss Hauer & Feld / Washington, DC
Current challenges, including staffing changes at DOJ, for obtaining court approval of implementation plans: Case study of the Confederated Salish and Kootenai Tribes of the Flathead Reservation (CSKT) settlement
Ryan C. Rusche, Esq.
Sonosky Chambers Sachse Endreson & Perry / Washington, DC
3:30 pm
Break
3:45 pm
Tribal Jurisdiction Over Surface Water: What Has Happened Following the Sackett Ruling?
The evolving definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA); how Tribal jurisdiction differs from federal jurisdiction; making effective use of hydrologic science in asserting Tribal jurisdiction
Edward Randall Ornstein, Esq.
, Deputy General Counsel
Miccosukee Tribe / Miami, FL
4:30 pm
Recent State Water Right Cases
Adjudications: Case study of the Little Colorado River Adjudication in Arizona, involving the Hopi Tribe and Navajo Nation, resolving both surface water and groundwater rights and were litigated under Arizona's "permanent homeland" standard
Candace D. French, Esq.
Sacks Tierney / Scottsdale, AZ
5:00 pm
Adjourn Day 1
Friday, October 24, 2025
9:00 am
Agua Caliente Groundwater Rights Settlement
Case history and terms of the agreement resolving the Tribe's claims against Coachella Valley Water District (CVWD), and the Desert Water Agency (DWA) involving the Tribe's groundwater rights, jurisdictional issues, and co-management of shared resources
Catherine F. Munson, Esq.
Kilpatrick Townsend & Stockton / Washington, DC
9:45 am
Use of Memoranda of Understandings (MOUs) to Resolve Litigation: Case Study of the Trump Administration's Withdrawal from the "Resilient Columbia Basin Agreement"
History of the 25-year-old case; how negotiations among the stakeholders lead to the 2023 MOU; key provisions including federal investments in salmon recovery and additional studies of environmental impacts and alternatives for mitigation
Stephen J. Odell, Esq.
Marten Law / Portland, OR
Tribal perspective on the withdrawal and the implications for Tribes involved with negotiations to resolve conflicts with the federal government
The Hon. Shannon F. Wheeler
, Chairman
Nez Perce Tribe of Idaho / Lapwai, ID
11:15 am
Break
11:30 am
Protection of Tribal Waters through Federal and Tribal Water Quality Enforcement
Tribal participation in natural resource extraction project approval processes: Tips for using Treatment as a State Under the Clean Water Act to maximize Tribal water quality leverage
Laura Berglan, Esq.
, Senior Attorney
Earthjustice / Denver, CO
12:15 pm
Lunch Break
1:30 pm
Colorado River Basin Management: Progress Moving Towards Sustainable River Management Considering the Long-Term Prospects for Water Availability and Federal Funding Changes
Upper basin management
Chuck Cullom
, Executive Director
Upper Colorado River Commission / Salt Lake City, UT
Lower basin management
Leslie A. Meyers, P.E.
, Chief Water Executive
Salt River Project / Phoenix, AZ
Collaborative efforts to develop adaptation strategies
Celene Hawkins, Esq.
, Colorado River Tribal Engagement Program Director
The Nature Conservancy / Boulder, CO
3:30 pm
Evaluations and Adjourn
Faculty Bios
Vanessa L. Ray-Hodge,
Program Co-Chair, (Pueblo of Acoma) is a partner at Sonosky Chambers Sachse Endreson & Perry. She works in all areas of the firm's Tribal practice with a special focus in water rights and energy and economic development issues. Prior to rejoining Sonosky, she served as the Senior Counselor to Solicitor Hilary Tompkins at the Department of the Interior.
Heather Whiteman Runs Him,
Program Co-Chair, (Crow Tribe of Montana) is Director of the Tribal Justice Clinic at the University of Arizona's James E. Rogers College of Law. She previously worked at the Native American Rights Fund, where she represented Tribal clients on water rights and advised clients on claims relating to water, land, and other natural resource issues. Prior to that, she was joint lead counsel at the Crow Tribe Office of Executive Counsel.
Laura Berglan is a Senior Attorney with the Tribal Partnerships program at Earthjustice. The program partners with over 100 Tribes, Alaska Natives, Native Hawaiians, and other Indigenous groups who are fighting to protect their water, wildlife, and sacred lands from extractive industries.
Katie Brossy
(Ponca Tribe of Nebraska) is senior counsel at Akin Gump Strauss Hauer & Feld where she advises clients regarding American Indian law and policy. She has worked on many highly significant Tribal issues, including one of the largest Indian water rights settlements in U.S. history and the largest Tribal trust claim settlement.
Chuck Cullom
is Executive Director of the Upper Colorado River Commission. Prior to joining the UCRC, he was the Colorado River Programs Manager for the Central Arizona Water Conservation District.
Judith M. Dworkin
leads the Indian Law and Tribal Relations practice group at Sacks Tierney. She is the Presiding Appellate Justice of the Salt River Pima- Maricopa Indian Community Council Court and has served as a judge pro tem for the Tohono O'odham Nation and a special judge to the Fallon-Paiute Shoshone Tribe in Nevada as well as a Solicitor to the Hualapai Tribe.
Candace D. French,
Sacks Tierney, is an enrolled member of the Wichita and Affiliated Tribes and her heritage encompasses the Navajo, Comanche, and Blackfeet nations. Before joining Sacks Tierney, she served as an attorney with the Navajo Nation Office of Legislative Counsel.
Celene Hawkins
is the Colorado River Tribal Engagement Program Director for The Nature Conservancy with a special focus on advancing Tribal freshwater conservation projects in the San Juan River Basin. She also leads the Tribal Water Initiative in the Conservancy's Colorado River Program and serves on the leadership team of the Water and Tribes Initiative.
Leslie A. Meyers, P.E.,
is the Chief Water Executive and Associate General Manager of Water Resources for the Salt River Project. She previously served as the Phoenix Area Office Manager for the Bureau of Reclamation. During her career, she has worked on strategic initiative planning and implementation with federal and state-level organizations, Tribes, irrigation districts, local governments, and others.
Catherine F. Munson
is co-leader of the Native American Affairs practice at Kilpatrick Townsend & Stockton. 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. She has been lead counsel for the Agua Caliente Band of Cahuilla Indians in its case against California water districts seeking a declaration and quantification of Agua Caliente's federally reserved rights to groundwater.
Stephen J. Odell
is a partner at Marten Law. He represents clients in federal environmental and natural resources litigation and matters involving uses of public lands and resources, federal environmental compliance, and energy development. He previously served as a litigator for the U.S. Justice Department, where he handled many of the most consequential and controversial environmental disputes in the West over the past several decades.
Edward Randall Ornstein
(Southeastern Mvskoke Nation) is Deputy General Counsel and Embassy Director for the Miccosukee Tribe of Indians of Florida where he manages the Tribe's environmental, natural, and cultural resource law and policy portfolio. He currently serves as an environmental justice advisor to the ABA Section on Environment, Energy, and Resources leadership and is past Chair of the section's Indigenous Law Committee
Mary J. Pavel (Skokomish Tribe of Washington) rejoined Sonosky Chambers Sachse Endreson & Perry after serving as Staff Director and Chief Counsel for the United States Senate Committee on Indian Affairs. Her focus at Sonosky is on working with congressional staff and the firm's legislative clients. She has worked on some of the largest Ttribal settlements that Congress has enacted, including the Colville Tribes' Grand Coulee Dam Settlement Act and the Pueblo of Isleta Settlement and Natural Resources Restoration Act.
Ryan C. Rusche (Fort Peck Tribes) is a partner at Sonosky Chambers Sachse Endreson & Perry. He previously worked in house for the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Reservation where he focused on the federal ratification of the Tribes' water rights compact and settlement of the Tribes' water-related claims against the federal government.
Erinanne Saffell, Ph.D.,
is the Arizona State Climatologist and a Senior Global Futures Scientist at the Julie Ann Wrigley Global Futures Laboratory at Arizona State University. Her main research interests are extreme weather and climate events, including flood and drought, as well as impacts of the Urban Heat Island. She is currently co-chair of the Arizona Drought Monitoring Technical Committee.
The Hon. Shannon F. Wheeler
is Chairman of the Nez Perce Tribe of Idaho. On behalf of the Nez Perce Tribe, he has served on the Affiliated Tribes of the Northwest Indians' Economic Development Committee, as a board member for American Rivers, and a variety of Tribal boards and commissions. He is deeply rooted in the protection of natural resources and has advocated in many forms for the continued support and preservation of these life sources.
Continuing Education Credits
Live credits: This program qualifies for 11.00 AZ MCLE, 11.25 CA MCLE, 11.00 NM MCLE, 11.00 OR MCLE, and 11.00 ABCEP environmental professional 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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Pricing
Audio and video replay files, with course materials, are available for download or on a flash drive at the same price as live attendance. Files are available for downloading five business days after the program or from the date we receive payment. Flashdrive orders are sent via First Class mail within seven business days after the program or from the date we receive payment. The course materials alone are available for $100.
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There is a $25 cancellation fee
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