THURSDAY, AUGUST 27

8:30      Registration and Continental Breakfast

9:00      Welcome and Introduction

Overview of Day One

Eric L. Garner, Esq., Program Co-Chair

Best Best & Krieger, Riverside, CA

Roderick E. Walston, Esq., Program Co-Chair

Best Best & Krieger, Walnut Creek, CA

9:15      Keynote Presentation

Major Water Issues Facing the West and the Nation Today

John Cruden, Esq., Deputy Assistant Attorney General

Environment & Natural Resources Division

U.S. Department of Justice, Washington, DC

10:15    Morning Break

10:30    The Clean Water Act, the Rapanos Aftermath, and Constitutional Standing

Are the Supreme Court and Congress on a Collision Course?

Roderick E. Walston, Esq., Program Co-Chair

11:15    Does the Clean Water Act Apply to Water Transfers?

The EPA’s Water Transfer Rule

James E. Nutt, Esq., Senior Specialist Attorney

South Florida Water Management District, West Palm Beach, FL

Peter D. Nichols, Esq.

Trout, Raley, Montaño, Witwer & Freeman, Denver, CO

12:15    Lunch Break

1:30      Takings Cases and Water Rights

The Casitas and Klamath Cases

Nancie G. Marzulla, Esq.

Marzulla Law Firm, Washington, DC

Ellison Folk, Esq.

Shute, Mihaly & Weinberger, San Francisco, CA

2:30      Water Marketing

Will Capitalism Solve Water Shortage Problems?

Carla A. Consoli, Esq.

Lewis and Roca, Phoenix, AZ

3:15      Afternoon Break

3:30      Endangered Species Act

New Limitations on Water Rights

Sacramento-San Joaquin Delta Biological Opinions

Daniel J. O’Hanlon, Esq.

Kronick Moskovitz Tiedemann & Girard, Sacramento, CA

Information Quality Act

Craig Manson, Esq.

Distinguished Professor and Lecturer in Law

University of the Pacific McGeorge School of Law, Sacramento, CA

Columbia River/Idaho Controversy

Norm Semanko, Esq.

Executive Director and General Counsel

Idaho Water Users Association, Boise, ID

5:00      Q&A Panel

Members of the Faculty

5:15      Adjourn

FRIDAY, AUGUST 28

8:30      Continental Breakfast

9:00      Welcome Back

Overview of Day Two

Eric L. Garner, Esq., Program Co-Chair

Roderick E. Walston, Esq., Program Co-Chair

9:15      The Colorado River

Reliability of Water Supplies in an Age of Drought

Jeffrey Kightlinger, General Manager

Metropolitan Water District of Southern California, Los Angeles, CA

John J. Entsminger, Esq., Deputy General Counsel

Southern Nevada Water Authority, Las Vegas, NV

Don A. Ostler, Executive Director and Secretary

Upper Colorado River Commission, Salt Lake City, UT

Jerome C. Muys, Esq.

Muys & Associates, Washington, DC

10:45    Morning Break

11:00    Global Warming

Its Effect on Water Supplies

Lorraine E. Flint, PhD, Research Hydrologist

U.S. Geological Survey, Sacramento, CA

11:45    Lunch Break

1:00      Ethics

Considerations for Environmental Practitioners

Stefanie D. Hedlund, Esq.

Best Best & Krieger, Sacramento, CA

2:00      Interstate Water Disputes

An Overview

Tanya M. Trujillo, Esq., General Counsel

New Mexico Interstate Stream Commission, Santa Fe, NM

2:45      Afternoon Break

3:00      Interstate/Intrastate Water Disputes

New Mexico-Texas Dispute: The Rio Grande and Pecos Rivers

James C. Brockmann, Esq.

Stein & Brockmann, Santa Fe, NM

A Model for Resolving Disputes: The Great Lakes Compact

Sara Gosman, Esq.

National Wildlife Federation, Ann Arbor, MI

Kansas-Nebraska Dispute: The Republican River

Justin D. Lavene, Esq.

Special Counsel to the Attorney General

Nebraska Attorney General’s Office, Lincoln, NE

4:30      Q&A Panel

Members of the Faculty

4:45      Evaluations and Adjourn

Eric L. Garner is the managing partner of his firm and practices environmental and water law. He is an author of California Water II, a guide to California water and policy issues. In 2006, he was named California Lawyer of the Year by California Lawyer Magazine for his work on the Santa Maria Groundwater Adjudication.

Roderick E. Walston is now in private practice, having spent most of his legal career as a government attorney. He recently served as both Acting Solicitor and Deputy Solicitor of the U.S. Department of the Interior.

KEYNOTE PRESENTER

John Cruden is responsible for supervising a wide variety of environmental litigation, including civil enforcement actions in federal court for the key environmental statutes. He also supervises wetland enforcement, challenges to EPA rule making, and environmental actions filed against the United States.

FACULTY

James C. Brockmann is responsible for water rights planning, acquisition, transfer, leasing, new appropriations and appeals. His firm represents major municipalities, national and international corporations, developers, and farmers and ranchers in intrastate and interstate matters.

Carla A. Consoli practices real estate, corporate due diligence, acquisition and development. Her work includes endangered species and habitat compliance and water rights and water availability analysis.

John J. Entsminger is responsible for oversight and coordination of legal and policy issues related to water resource development and environmental compliance. He has represented the SNWA before various courts and administrative agencies.

Lorraine E. Flint downscales global climate data for application in regional hydrologic models. Most of her work has been applied in the southwestern United States, with studies specifically focused on water availability, streamflow and recharge, in a changing climate.

Ellison Folk represents community groups, public agencies, and environmental organizations on a wide range of environmental and land use issues, including CEQA, the California Coastal Act, NEPA, the Clean Water Act, the Clean Air Act, and general planning and zoning law.

Sara Gosman focuses on legal and policy issues involving the Great Lakes-St. Lawrence River Basin Water Resources Compact and state implementation. She is also a lecturer on environmental law at the University of Michigan Law School.

Stephanie D. Hedlund represents both private and public clients on a wide variety of environmental litigation, including toxic cleanup under the Comprehensive Environmental Response, Compensation and Liability Act, land use and water rights.

Jeffrey Kightlinger is responsible for directing the activities of the District to fulfill Metropolitan's mission of delivering high-quality water to 19 million residents in Southern California.

Justin D. Lavene focuses his practice on litigation arising from the regulation and administration of the waters of Nebraska, including legal challenges to the constitutionality of Nebraska laws relating to the State's water resources.

Craig Manson returned to the faculty in January 2006 after serving four years as the Assistant Secretary for Fish and Wildlife and Parks in the U.S. Department of the Interior. He oversaw the U.S. Fish and Wildlife Service and the National Parks Service. He is presently a Colonel in the Air Force Reserve.

Nancie G. Marzulla focuses on litigating takings claims involving water rights, real property, and environmental claims against the federal government. She has played a key role in several successful landmark property rights cases.

Jerome C. Muys is the president of his firm. He has practiced public land, water resources, and environmental law and has lectured and written extensively in those fields. His experience in water resources matters includes: (1) litigation involving state, federal, Indian, private and environmental claims respecting water resources allocation and development, including federal hydropower licensing; (2) Congressional and administrative consideration of federal-state-Indian relations; and (3) negotiations with the Bureau of Reclamation.

Peter D. Nichols s practices in the areas of water, water quality, and environmental law. He serves as Special Assistant Attorney General to Colorado and New Mexico, and represents western water agencies, on water transfer issues under the Clean Water Act

James E. Nutt handles both appellate and trial matters involving constitutional, environmental, administrative and commercial law. He was counsel of record in South Florida Water Management District v. Miccosukee before the U.S. Supreme Court.

Daniel J. O'Hanlon practices water resources and environmental law, including issues involving endangered species and wetlands. For over a decade, he has represented water contractors in the Sacramento-San Joaquin Rivers Delta ESA litigation.

Don A. Ostler serves the Commission, which was created by Federal Compact to represent the states of Colorado, New Mexico, Utah and Wyoming.

Norm Semanko represents the Association and the Coalition for Idaho Water in federal district court litigation involving challenges to the management of Idaho water, prompted by salmon listings made under the ESA.

Tanya M. Trujillo practices in the areas of natural resources litigation and water rights. She has represented hundreds of non-Indian water rights claimants in Indian water settlement adjudications.

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