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2014

Texas Water Law Institute

Austin Nov 19*, 20-21, 2014 Radisson Hotel and Suites, Austin-Downtown
*Wednesday Evening Texas Water Law Overview
Conference Concluded
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Overview

UT Law’s Texas Water Law Institute brings together regulatory agency members, water law practitioners and experts from around the state to discuss the latest information and developments in Texas water law and planning.

The 2014 program features:

  • Chairman Carlos Rubinstein provides an update on the new Texas Water Development Board and implementation of HB-4 for financing the State Water Plan
  • Chairman Bryan Shaw discusses the TCEQ’s response to the challenges posed by the Texas drought
  • A look at water conservation and implementation challenges in Texas and across the nation
  • An overview of current brackish groundwater regulations, with focused attention on the development and ongoing implementation of San Antonio’s brackish groundwater project
  • A review of Day and Bragg and the implications for Groundwater Conservation Districts
  • An exploration of the concerns surrounding the potential impacts of hydraulic fracturing on water supply and quality
  • A discussion of the draft USACE/EPA rule defining "waters of the U.S.”
  • Expected changes resulting from transfer of water utility regulation to the Public Utility Commission of Texas
  • Case law updates highlighting key surface water and groundwater cases; as well as a look at what’s ahead this legislative session to address water issues
  • Conflicts of interest for water lawyers
  • Wednesday evening’s Texas Water Law Overview with Jim Mathews and Doug Caroom
  • Earn up to 15.75 hours of CLE credit including 1.50 hours of ethics

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 November 19, 2014
  • Day 2 November 20, 2014
  • Day 3 November 21, 2014
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Evening, Nov. 19, 2014
  • 5:30 pm
    Registration Opens

  • 6:00 pm
    1.50 hrs
    Texas Water Law Overview
    An overview of Texas water law cases, statutes and regulations, including vocabulary and acronyms necessary to understanding Texas water law—designed for practitioners unfamiliar with the subject area, as well as non-lawyers, governmental officials and engineers.

    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
    Jim Mathews, Mathews & Freeland LLP - Austin, TX

  • 7:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Nov. 20, 2014
    Presiding Officer:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.50 hr
    Legislative Update: A Look Back and a Look Ahead
    Given that Texas is suffering through one of the worst droughts in its history, the legislature needs to be proactive on water issues. Take a look at what is on the horizon this coming session to address these issues and the future well-being of our state’s economy.

    Doug Miller, Texas House of Representatives - New Braunfels, TX

  • 9:30 am
    0.50 hr
    Brackish Groundwater: Legislation and Regulation
    Current law related to brackish groundwater regulation, methods of management by GCDs and legislative efforts related to streamlining regulation.

    Stacey Allison-Steinbach, Texas Alliance of Groundwater Districts - Austin, TX

  • 10:00 am
    0.75 hr
    Brackish Groundwater Desalination and the San Antonio Water System
    A discussion of the development and ongoing implementation of San Antonio’s brackish groundwater project, including a review of the technical and engineering as well as the legal and regulatory aspects of the project.

    Robert R. Puente, San Antonio Water System - San Antonio, TX
    Bill Davis, Black & Veatch - Dallas, TX
    Hope E. Wells, San Antonio Water System - Austin and San Antonio, TX

  • 10:45 am
    Break

  • 11:00 am
    1.00 hr
    Water Conservation: Implementation Challenges in Texas and around the Nation
    An overview of general implementation issues and the barriers to achieving more effective water conservation, including the perception among many water utility managers that maximizing water conservation means sacrificing financial stability. Examine the recent tools developed by the Alliance for Water Efficiency to address those barriers, as well as recent research by Ceres with bond counsel and the UT School of Law Energy Center on the legality of using enterprise revenue bonds to fund conservation/efficiency projects on private property.

    Moderator:
    Myron J. Hess, National Wildlife Federation - Austin, TX
    Panelists:
    Mary Ann Dickinson, Alliance for Water Efficiency - Chicago, IL
    Sharlene Leurig, Ceres - Austin, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration. 

  • Thursday Afternoon, Nov. 20, 2014
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • Luncheon Presentation
  • 12:20 pm
    0.50 hr
    Update on the New TWDB and Financing the State Water Plan
    An update on the changes made over the past year by the new TWDB, its efforts to enhance customer service and an overview of the implementation of HB-4 for financing the State Water Plan.

    Carlos Rubinstein, Chairman, Texas Water Development Board - Austin, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    New Texas Water Development Board Financial Rules
    An in-depth look at the proposed rules for the State Water Implementation Fund for Texas (SWIFT) and the State Water Implementation Revenue Fund for Texas (SWIRFT).

    Todd D. Chenoweth, Texas Water Development Board - Austin, TX

  • 1:35 pm
    1.00 hr
    Developing the State Water Plan: Balancing Regional and State Interests
    Developing the State Water Plan requires the individual and collective efforts of 16 regional water planning groups across the state, each with unique needs and perspectives. Success in equitable and long-term planning requires the use of consistent and science-based standards, and appropriate processes for resolving disputes as they may arise.

    Mary Elizabeth Kelly, Parula LLC - Austin, TX
    Les Trobman, Texas Water Development Board - Austin, TX

  • 2:35 pm
    0.50 hr
    Current Issues with the Corps of Engineers and Corps Reservoirs
    A brief survey of the changes that affect Corps reservoirs and much of the water in the state, and how the Corps is responding to changing and competing demands for water from their reservoirs.

    Donald L. Howell, Of Counsel, Andrews Kurth LLP - Houston, TX

  • 3:05 pm
    Break

  • 3:15 pm
    0.50 hr
    Redefining Agency Jurisdiction under the Clean Water Act
    A review of the draft USACE/EPA rule defining "waters of the U.S.," the Connectivity Study on which it is based and new case law.

    Mark McPherson, Attorney at Law - Dallas, TX

  • 3:45 pm
    1.00 hr
    The Impact of Endangered Species on Water Rights in Texas
    A brief overview of the Endangered Species Act with discussion and analysis of whether listed species affect (or could affect) the state’s administration of water permits and groundwater management.  

    Moderator:
    Molly Cagle, Baker Botts - Austin, TX
    Panelists:
    Melinda E. Taylor, The University of Texas School of Law - Austin, TX
    Kathleen Hartnett White, Texas Public Policy Foundation - Austin, TX

  • 4:45 pm
    0.75 hr ethics
    Conflicts of Interest for Water Lawyers
    The complexities and possible conflicts of interest in water transactions are magnified when counsel is asked to represent both the seller and buyer or lessor and lessee in the resulting permitting matters before groundwater districts. In addition, ex parte communication and the bygone days of discussing your project with the permitting authority, even before the application is filed, has become a minefield. 

    Ed McCarthy, Jackson, Sjoberg, McCarthy & Townsend, L.L.P. - Austin, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Nov. 21, 2014
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast. 

  • 8:30 am
    0.50 hr
    Historical Looks at Water Law Cases: Where the Courts Got It Wrong
    A review of important Texas water law cases where the courts failed to envision the problems to be occasioned by their decisions.

    Timothy L. Brown, Attorney at Law - Austin, TX

  • 9:00 am
    0.50 hr
    Surface Water Case Law Update
    Update on significant recent surface water cases including Texas Farm Bureau v. TCEQ and City of Waco v. TCEQ.

    Joshua D. Katz, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

  • 9:30 am
    0.50 hr
    Groundwater Case Law Update
    Update on significant recent cases involving groundwater conservation districts and groundwater generally.

    Gregory M. Ellis, Attorney at Law - League City, TX

  • 10:00 am
    Break

  • 10:15 am
    1.00 hr
    Groundwater Conservation Districts: Between a Rock and a Hard Place
    With the conflicting demands of the Day and Bragg cases and the potential limitations imposed by Desired Future Conditions and Managed Available Groundwater, what's a GCD to do? 

    Moderator:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
    Panelists:
    Robin A. Melvin, Graves, Dougherty, Hearon & Moody - Austin, TX
    Steven D. Walthour, North Plains Groundwater Conservation District - Dumas, TX
    Gary Westbrook, Post Oak Savannah Groundwater Conservation District - Milano, TX

  • 11:15 am
    0.75 hr
    Issues in Implementing Watermaster Administrations
    Based on a petition of water right holders, the TCEQ is establishing a watermaster for the Brazos River Basin except for the portion of the basin above Possum Kingdom Reservoir. Hear a summary of the hearing and the issues to be addressed in implementing TCEQ’s order.

    Kellye Rila, Texas Commission on Environmental Quality - Austin, TX
    Fred B. Werkenthin Jr., Booth, Ahrens & Werkenthin, P.C. - Austin, TX

  • 12:00 pm
    0.50 hr
    Changes for Water Utilities at the PUC
    Hear how the rate and CCN regulation of water and wastewater utilities is expected to change as a result of the transfer of these programs from TCEQ to the PUC effective September 1, 2014.

    Thomas S. Hunter, Public Utility Commission of Texas - Austin, TX

  • 12:30 pm
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Nov. 21, 2014
    Presiding Officer:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • Luncheon Presentation
  • 12:50 pm
    0.75 hr
    The Texas Drought: Lessons Learned and TCEQ’s Response
    Since 2009, Texas has been in a state of near-constant severe drought. The TCEQ, as the state agency charged with regulating the withdrawal and use of surface water throughout the state, has addressed the myriad challenges arising from the shortage of such a precious resource with innovation and practicality.

    Bryan W. Shaw, Ph.D., P.E., Chairman, Texas Commission on Environmental Quality - Austin, TX

  • 1:35 pm
    Break

  • 1:50 pm
    1.00 hr
    Energy-Water Nexus
    A look at the current policies, initiatives and challenges in dealing with the co-dependent link between the energy and water sectors.

    Carey W. King, Ph.D., The University of Texas Energy Institute - Austin, TX
    Michael J. Nasi, Jackson Walker L.L.P. - Austin, TX

  • 2:50 pm
    0.50 hr
    Water Issues for Fracking
    Explore concerns regarding the potential impacts of hydraulic fracturing on water quality and supply and the technical measures that can be employed to monitor and prevent these impacts.

    John A. Connor, GSI Environmental Inc. - Houston, TX

  • 3:20 pm
    0.75 hr ethics
    Let It Snowden!
    In January 2014, Edward Snowden made the claim that the NSA does not limit data collection to just national security issues. In light of these disclosures, attorneys must balance their professional responsibilities to protect client information against their need to communicate that information in a digital age.

    Thomas A. Gwosdz, City of Victoria - Victoria, TX

  • 4:05 pm
    Adjourn

  • Day 1 November 19, 2014
  • Day 2 November 20, 2014
  • Day 3 November 21, 2014
Download Schedule

Conference Faculty

Stacey Allison-Steinbach

Texas Alliance of Groundwater Districts
Austin, TX

Timothy L. Brown

Attorney at Law
Austin, TX

Molly Cagle

Baker Botts
Austin, TX

Doug Caroom

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Todd D. Chenoweth

Texas Water Development Board
Austin, TX

John A. Connor

GSI Environmental Inc.
Houston, TX

Bill Davis

Black & Veatch
Dallas, TX

Mary Ann Dickinson

Alliance for Water Efficiency
Chicago, IL

Gregory M. Ellis

Attorney at Law
League City, TX

Thomas A. Gwosdz

City of Victoria
Victoria, TX

Myron J. Hess

National Wildlife Federation
Austin, TX

Donald L. Howell

Of Counsel, Andrews Kurth LLP
Houston, TX

Thomas S. Hunter

Public Utility Commission of Texas
Austin, TX

Joshua D. Katz

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Mary Elizabeth Kelly

Parula LLC
Austin, TX

Carey W. King, Ph.D.

The University of Texas Energy Institute
Austin, TX

Sharlene Leurig

Ceres
Austin, TX

Jim Mathews

Mathews & Freeland LLP
Austin, TX

Ed McCarthy

Jackson, Sjoberg, McCarthy & Townsend, L.L.P.
Austin, TX

Mark McPherson

Attorney at Law
Dallas, TX

Robin A. Melvin

Graves, Dougherty, Hearon & Moody
Austin, TX

Doug Miller

Texas House of Representatives
New Braunfels, TX

Michael J. Nasi

Jackson Walker L.L.P.
Austin, TX

Robert R. Puente

San Antonio Water System
San Antonio, TX

Kellye Rila

Texas Commission on Environmental Quality
Austin, TX

Carlos Rubinstein

Chairman, Texas Water Development Board
Austin, TX

Bryan W. Shaw, Ph.D., P.E.

Chairman, Texas Commission on Environmental Quality
Austin, TX

Melinda E. Taylor

The University of Texas School of Law
Austin, TX

Les Trobman

Texas Water Development Board
Austin, TX

Steven D. Walthour

North Plains Groundwater Conservation District
Dumas, TX

Hope E. Wells

San Antonio Water System
Austin and San Antonio, TX

Fred B. Werkenthin Jr.

Booth, Ahrens & Werkenthin, P.C.
Austin, TX

Gary Westbrook

Post Oak Savannah Groundwater Conservation District
Milano, TX

Kathleen Hartnett White

Texas Public Policy Foundation
Austin, TX

Planning Committee

Doug Caroom—Co-Chair

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Jim Mathews—Co-Chair

Mathews & Freeland LLP
Austin, TX

Tom Bohl

Guadalupe-Blanco River Authority
Seguin, TX

Jeremy Brown

The University of Texas School of Law
Austin, TX

Timothy L. Brown

Attorney at Law
Austin, TX

Molly Cagle

Baker Botts
Austin, TX

Todd D. Chenoweth

Texas Water Development Board
Austin, TX

Lyn E. Clancy

Lower Colorado River Authority
Austin, TX

Leonard H. Dougal

Jackson Walker L.L.P.
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

Ronald J. Freeman

Freeman & Corbett
Austin, TX

Renea Hicks

Attorney at Law
Austin, TX

Joanna Jefferson

The University of Texas School of Law
Austin, TX

Richard W. Lowerre

Lowerre, Frederick, Perales, Allmon & Rockwell
Austin, TX

Ed McCarthy

Jackson, Sjoberg, McCarthy & Townsend, L.L.P.
Austin, TX

Mark McPherson

Attorney at Law
Dallas, TX

Hon. Jan P. Patterson

Baylor Law School
Waco, TX

Emily Willms Rogers

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Suzanne Schwartz

The University of Texas School of Law
Austin, TX

Robin Smith

Texas Commission on Environmental Quality
Austin, TX

Hope E. Wells

San Antonio Water System
Austin and San Antonio, TX

Fred B. Werkenthin Jr.

Booth, Ahrens & Werkenthin, P.C.
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 15.75 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Real Estate Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 15.75 hrs  |  1.50 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Oklahoma – 19.00 hrs  |  2.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view TX Accounting CPE – 18.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Professional Engineer – 0.00 hr
This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm
Toggle view TX Real Estate Commission (TREC) – 0.00 hr
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Austin – Nov 19*, 20-21, 2014 – Radisson Hotel and Suites, Austin-Downtown
*Wednesday Evening Texas Water Law Overview
Conference Concluded
Buy
  • Austin
Individual
Last day for $525.00 Regular pricing: Nov 12, 2014

$575.00 for registrations received after this time

TX Alliance of Groundwater Districts Member
Last day for $350.00 Regular pricing: Nov 12, 2014

$400.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $475.00 Regular pricing: Nov 12, 2014

$525.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $420.00 Regular pricing: Nov 12, 2014

$470.00 for registrations received after this time

Last day for cancellation (full refund): Nov 14, 2014

$50 processing fee applied after this date

Last day for cancellation: Nov 17, 2014

Venue

speaker

Radisson Hotel and Suites, Austin-Downtown

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

Accommodations

$184 room rate good through October 20, 2014 (subject to availability).

Reserve your room online.

Parking Information

$3 daily self-parking; $8 overnight self-parking; $24 valet parking

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