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2010

Texas Water Law Institute

Austin Dec 1*, 2-3, 2010 AT&T Conference Center
*optional Wed Evening session
Conference Concluded
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Overview

The Texas Water Law Institute brings together members of state regulatory agencies with water law experts and attorneys to examine timely water law issues from around the state.

The 2010 Institute highlights include The Texas Water Development Board's Role in Implementing Desired Future Conditions; impending legislation with Sen. Troy Fraser and Rep. Bill Callegari; Carlos Rubenstein, Commissioner of TCEQ, on Lessons Learned from the 2008-09 Drought; TCEQ's environmental flows process; regional water planning and much more. 

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Event Schedule

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

  • Day 1 December 1, 2010
  • Day 2 December 2, 2010
  • Day 3 December 3, 2010
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Evening, Dec. 1, 2010
  • 5:30 pm
    Optional Session - Registration Opens
    Included in conference registration fee.

  • 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. This session is 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, Dec. 2, 2010
    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
    0.75 hr
    Water Legislation in the 82nd Session
    What water issues are likely to be receiving the legislature's attention in the upcoming session?

    Bill Callegari, Texas House of Representatives - Houston, TX
    Troy Fraser, Texas Senator - Austin, TX

  • 9:45 am
    0.50 hr
    Overview of the Sunset Process
    The State's two major water agencies, the Texas Commission on Environmental Quality and the Texas Water Development Board, undergo Sunset Review this session. How does the process work and what can we anticipate?

    Sarah Kirkle, Texas Sunset Advisory Commission - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    Texas Environmental Flows Process: Where We Are and Where We Are Going
    Senate Bill 3 from the 80th Legislature set out a new process for determining environmental flows. Stakeholders for four basins have sent their recommendations to the TCEQ for rulemaking. The TCEQ rules could have a major impact on the environment and development of new water projects.

    Todd D. Chenoweth, Texas Commission on Environmental Quality - Austin, TX
    Myron J. Hess, National Wildlife Federation - Austin, TX
    James Lee Murphy III, Guadalupe-Blanco River Authority - Seguin, TX

  • 11:30 am
    0.50 hr
    State Water Plan: Who Is Going to Pay for It?
    New water projects in the 2007 State Water Plan total more than $30 billion. Is that a realistic plan that can be implemented? How?

    Larry R. Soward, Austin, TX

  • Thursday Afternoon, Dec. 2, 2010
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • LUNCHEON PRESENTATION

  • 12:15 pm
    0.50 hr ethics
    Conflicts of Representing Multiple Clients
    Lawyers often represent multiple clients or have matters adverse to former clients. The Supreme Court has posted proposed new rules for comment including new conflict rules. A discussion of what the new rules try to fix, and the dangers in the old rules.

    Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX

  • 12:45 pm
    Break

  • 1:00 pm
    0.50 hr
    Case Law Update
    A comprehensive overview of groundwater, surface water, and water and sewer utility law cases decided in the last two years. 

    Robin A. Melvin, Graves Dougherty Hearon & Moody - Austin, TX

  • 1:30 pm
    2.00 hrs
    The Texas Water Development Board’s Role in Implementing Desired Future Conditions
    September 1, 2010, was the statutory deadline for the State’s sixteen Groundwater Management Areas (GMAs) to adopt Desired Future Conditions (DFCs). The Texas Water Development Board is responsible for the next steps in the state’s groundwater planning and management arena, including development of Managed Available Groundwater (MAG) volumes to be used by local groundwater districts to make permitting decisions, and considering appeals of the DFCs from disgruntled districts within the respective GMAs and affected landowners.

    Panelists:
    Michael Allan Gershon, Lloyd Gosselink Rochelle & Townsend PC - Austin, TX
    Panelists:
    Marvin Winston Jones, Sprouse Shrader Smith PC - Amarillo, TX
    Panelists:
    Kenneth L. Petersen, Texas Water Development Board - Austin, TX

  • 3:30 pm
    Break

  • 3:45 pm
    0.75 hr
    Edwards Aquifer Authority v. Day: Impact on Groundwater Management
    A point/counterpoint on the potential impact of the Texas Supreme Court's decision in Edwards Aquifer Authority v. Day on groundwater management.

    Gregory M. Ellis, Attorney at Law - League City, TX
    Russell S. Johnson, McGinnis Lochridge & Kilgore - Austin, TX

  • 4:30 pm
    0.50 hr
    The Intersection of Texas Water Law and the Endangered Species Act in the Edwards Aquifer
    The tension between the demand for water for human needs and the need for water to protect federally-listed species is once again at issue with respect to the use of the Edwards Aquifer. Specifically addressed is how the conflict is being resolved, if at all, by the Edwards Aquifer Recovery Implementation Program.

    Myron J. Hess, National Wildlife Federation - Austin, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Dec. 3, 2010
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    1.00 hr
    Lessons Learned from the 2008-2009 Drought
    From the regulator's perspective and from the supplier's perspective.

    Greg Graml, Lower Colorado River Authority - Austin, TX
    Carlos Rubinstein, Texas Commission on Environmental Quality - Austin, TX

  • 9:30 am
    1.00 hr
    Federalization of Texas Water Law?
    Continued state primacy in management of water resources is threatened on several fronts.  What are those threats and how likely is continued state primacy in the long run?

    J. Tom Ray, Lockwood, Andrews & Newnam, Inc. - Waco, TX
    George William Sherk, Sullivan & Worcester LLP - Washington, DC

  • 10:30 am
    Break

  • 10:45 am
    1.25 hrs
    Regional Plan Process: Is It Working?
    This panel reviews the effects of changes to regional water planning mandated by HB 1763 (2006) in the context of the current regional planning efforts.

    Panelists:
    James B. Blackburn Jr., Blackburn Carter, P.C. - Houston, TX
    Panelists:
    Carolyn Brittin, Texas Water Development Board - Austin, TX
    Panelists:
    Con Mims, Nueces River Authority - Uvalde, TX

  • Friday Afternoon, Dec. 3, 2010
    Presiding Officer:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:15 pm
    0.75 hr
    Role of Endangered Species in Water Management—Which Is More Endangered: Texas' Autonomy over State Water Resources or the Whooping Crane?
    The Aransas Project v. Shaw, et. al., a.k.a. the "Whooping Crane Case," is potentially a landmark case for Texas water rights law. This is the first time an environmental plaintiff has sought to use the Endangered Species Act in order to force the State of Texas to fundamentally reallocate existing, allocated state water rights. The outcome of this case could determine whether Texas will retain its autonomy over state water resources in the San Antonio-Guadalupe River basin and could provide a precedent for other basins throughout the state.

    David P. Smith Jr., Barrett & Smith PLLC - Austin, TX

  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    Voting Rights Impact on Texas Water Districts
    Discussion of election and voting topics, including the consequences of the 2010 census, that may affect water districts, such as voter ID, early voting by mail and election worker eligibility.

    Anne Melanie Huff, Texas Secretary of State's Office - Austin, TX

  • 1:45 pm
    1.00 hr
    Water Supply Alternatives
    Regulatory processing time, endangered species and public opposition to the development and construction of new large-scale conventional water supply reservoirs are among the factors driving water suppliers to develop alternative, environmentally sensitive, cost-effective water supply sources. Aquifer storage and recovery technology (ASR), wastewater reuse, desalination and storm water represent potential alternative strategies available to water planners.

    Panelists:
    Kathy Alexander, TCEQ - Water Rights Permitting and Availability Section - Austin, TX
    Panelists:
    Fred M. Blumberg, Malcolm Pirnie, Inc. - Austin, TX
    Panelists:
    Ellen T. McDonald, Alan Plummer Associates, Inc. - Fort Worth, TX

  • 2:45 pm
    Break

  • 3:00 pm
    0.50 hr
    Results from Carrizo-Wilcox Aquifer Study Directed by the 81st Texas Legislature
    The study focuses on groundwater management and adequacy of science used in the regulatory decision-making process for the Carrizo-Wilcox Aquifer, one of the largest and most prolific groundwater resources in Texas.

    William F. Mullican, Mullican and Associates - Pflugerville, TX

  • 3:30 pm
    0.50 hr
    A Percolating Dilemma: Sovereign Immunity and Water Supply Contracts
    Will sovereign immunity impact the ability to contract for water supplies?

    Hon. Craig T. Enoch, Winstead PC - Austin, TX

  • 4:00 pm
    1.00 hr ethics
    Recent Ethics Opinions and Implications
    Opinion No. 587 caused a stir among some attorneys.  What have been the reactions?

    Dudley D. McCalla, Jackson Walker - Austin, TX

  • 5:00 pm
    Adjourn

  • Day 1 December 1, 2010
  • Day 2 December 2, 2010
  • Day 3 December 3, 2010
Download Schedule

Conference Faculty

Kathy Alexander

TCEQ - Water Rights Permitting and Availability Section
Austin, TX

James B. Blackburn Jr.

Blackburn Carter, P.C.
Houston, TX

Fred M. Blumberg

Malcolm Pirnie, Inc.
Austin, TX

Carolyn Brittin

Texas Water Development Board
Austin, TX

Bill Callegari

Texas House of Representatives
Houston, TX

Doug Caroom

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Todd D. Chenoweth

Texas Commission on Environmental Quality
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

Hon. Craig T. Enoch

Winstead PC
Austin, TX

Troy Fraser

Texas Senator
Austin, TX

Michael Allan Gershon

Lloyd Gosselink Rochelle & Townsend PC
Austin, TX

Greg Graml

Lower Colorado River Authority
Austin, TX

Myron J. Hess

National Wildlife Federation
Austin, TX

Anne Melanie Huff

Texas Secretary of State's Office
Austin, TX

Russell S. Johnson

McGinnis Lochridge & Kilgore
Austin, TX

Marvin Winston Jones

Sprouse Shrader Smith PC
Amarillo, TX

Sarah Kirkle

Texas Sunset Advisory Commission
Austin, TX

Jim Mathews

Mathews & Freeland LLP
Austin, TX

Dudley D. McCalla

Jackson Walker
Austin, TX

Ellen T. McDonald

Alan Plummer Associates, Inc.
Fort Worth, TX

Robin A. Melvin

Graves Dougherty Hearon & Moody
Austin, TX

Con Mims

Nueces River Authority
Uvalde, TX

William F. Mullican

Mullican and Associates
Pflugerville, TX

James Lee Murphy III

Guadalupe-Blanco River Authority
Seguin, TX

Kenneth L. Petersen

Texas Water Development Board
Austin, TX

J. Tom Ray

Lockwood, Andrews & Newnam, Inc.
Waco, TX

Carlos Rubinstein

Texas Commission on Environmental Quality
Austin, TX

George William Sherk

Sullivan & Worcester LLP
Washington, DC

David P. Smith Jr.

Barrett & Smith PLLC
Austin, TX

Larry R. Soward

Austin, TX

Thomas H. Watkins

Brown McCarroll, L.L.P.
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

Attorney General's Office
Austin, TX

Timothy L. Brown

Attorney at Law
Austin, TX

Todd D. Chenoweth

Texas Commission on Environmental Quality
Austin, TX

Leonard H. Dougal

Jackson Walker L.L.P.
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

Kathy Grant

Austin, TX

Renea Hicks

Attorney at Law
Austin, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Richard W. Lowerre

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

Ed McCarthy

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

Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Robin A. Melvin

Graves Dougherty Hearon & Moody
Austin, TX

Hon. Jan P. Patterson

3rd Court of Appeals
Austin, TX

Suzanne Schwartz

The University of Texas School of Law
Austin, TX

Bruce Wasinger

Guadalupe-Blanco River Authority (GBRA)
Seguin, TX

Elizabeth Hanshaw Winn

Texas Secretary of State
Austin, TX

Suzanne Giesecke Zarling

Lower Colorado River Authority
Austin, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 16.00 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 – 16.00 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.  
Other Credit
Toggle view TX Accounting CPE – 19.00 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 – Dec 1*, 2-3, 2010 – AT&T Conference Center
*optional Wed Evening session
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $450.00 Regular pricing: Nov 22, 2010

$500.00 for registrations received after this time

Texas Alliance of Groundwater Districts
Last day for $350.00 Regular pricing: Nov 22, 2010

$400.00 for registrations received after this time

Last day for cancellation (full refund): Nov 24, 2010

$50 processing fee applied after this date

Last day for cancellation: Nov 29, 2010

Venue

speaker

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$159.00 good through Nov 1, 2010

Parking Information

$5.00 Self-Parking per day; Valet Parking $10/day; Valet $14/Overnight

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