University of Texas School of Law
Conference art
TX Credit Info:
15.75 hrs
1.50 hrs Ethics
TX Specialization:
Administrative Law
Real Estate Law
More Credit Info

2013

Texas Water Law Institute

Austin Dec 4*, 5-6, 2013 – Sheraton Austin Hotel at the Capitol
*Wednesday Evening 'Texas Water Law Overview'
Conference Concluded

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Also available as: Materials, In-House CLE

Program Features

Don't miss the Texas Water Law Institute. Get the latest information on the drought and its effect on water law and planning from regulatory agency members, water law practitioners and experts from around the state.

The 2013 program features:

  • Chairman Bryan Shaw on drought planning and response at the Texas Commission on Environmental Quality
  • Chairman Carlos Rubinstein on the future of the reorganized Texas Water Development Board
  • The history of drought in Texas and the drought outlook for 2014, as well as its potential impact on the Texas economy
  • Drought from a hydrologist's perspective: how drought affects water planning and permitting 
  • Ethical issues in expert testimony: engineers, experts, and protecting client privilege
  • Finding and financing water for your project: the factors challenging water supply across the state
  • Development of brackish groundwater and interstate and international water projects
  • Analysis of the latest water law cases and what passed and what didn't in the 83rd Texas Legislature
  • Changes resulting from transfer of water utility regulation to the Public Utility Commission of Texas
  • 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.
Schedule

Wednesday Evening, Dec. 4, 2013

OPTIONAL SESSION

Included in conference registration.

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. 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

Thursday Morning, Dec. 5, 2013

Presiding Officer:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

DROUGHT-RELATED ISSUES

9:00 am

0.75 hr

The Role of Drought in Shaping Texas

The history of drought in Texas and a drought outlook for 2014.

Bob Rose, Lower Colorado River Authority - Austin, TX

9:45 am

0.50 hr

Drought: A Hydrologist's Perspective

How drought affects water planning and permitting. What if we’re in a worse drought than the drought of record?

Bob Brandes, Robert J. Brandes Consulting - Austin, TX

10:15 am

0.50 hr

Economic Impact of Drought

What threat does drought pose for the Texas economy?

Billy C. Hamilton, Billy Hamilton Consulting - Austin, TX

10:45 am
Break

11:00 am

1.00 hr

Managing Water Supplies to Deal with Drought Conditions

A discussion of alternative municipal, industrial and agricultural water supply management techniques used in responding to drought.

Ivan Langford III, Gulf Coast Water Authority - Texas City, TX
John Grant, Colorado River Municipal Water District - Big Spring, TX
Wayne Halbert, Harlingen Irrigation District Cameron County No. 1 - Harlingen, TX

12:00 pm
Pick Up Lunch

Included in registration.

 

Thursday Afternoon, Dec. 5, 2013

Presiding Officer:
Jim Mathews, Mathews & Freeland LLP - Austin, TX

LUNCHEON PRESENTATION

12:15 pm

0.75 hr

Drought Planning and Response at the TCEQ

An overview addressing drought lessons learned from 2009 to the present, ongoing drought concerns, and the TCEQ's ongoing efforts to respond to the drought.

Toby Baker, Commissioner, Texas Commission on Environmental Quality - Austin, TX

 
1:00 pm
Break

DROUGHT-RELATED ISSUES, CONTINUED

1:15 pm

0.50 hr

Alternative Approaches to Managing Water Rights in Drought Conditions

A conceptual discussion of alternatives for enforcing a priority-based water permitting system.

C. Joe Freeland, Mathews & Freeland LLP - Austin, TX

1:45 pm

0.50 hr

Texas Farm Bureau v. Texas Commission on Environmental Quality

Can TCEQ depart from the priority system and grant preferences to municipal users and power generators during a drought based on public health concerns?

This session has moved to 4:15 p.m.

Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
Jason T. Hill, Lloyd Gosselink Rochelle & Townsend PC - Austin, TX

 
2:15 pm

0.50 hr

Developing Brackish Groundwater Supplies

Discussion of current law and proposals to incentivize development of this under-utilized resource.

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

2:45 pm
Break

3:00 pm

0.75 hr

Finding and Financing Water for Your Project

Water law experts from across the state identify factors challenging water supply issues.

Risher S. Gilbert, The Gilbert Law Firm, P.C. - El Paso, TX
Christopher G. Jordan, Crawford & Jordan LLP - Houston, TX
Camm C. "Trey" Lary III, Allen Boone Humphries Robinson LLP - Houston, TX

3:45 pm

0.50 hr ethics

Ethical Issues Involving Engineers and Experts

What conflict standards apply to the engineer consulting on the regional water plan and also representing entities subject to the plan? What confidentiality obligation is your engineer under regarding your plans and communications? What if he is a testifying expert?

Dewey E. Helmcamp III, Texas Board of Professional Engineers - Austin, TX

4:15 pm

0.50 hr ethics

Expert Testimony: Protecting Client Privilege

What risks are involved in communicating with an expert? Are emails and drafts discoverable? Are there additional risks if your client is a professional?

This session has moved to 1:45 p.m.

Thomas H. Watkins, Husch Blackwell LLP - Austin, TX

4:45 pm

0.50 hr ethics

Conflicts of Interest over Scarce Water

When does a lawyer for a client seeking scarce water have a conflict because of the law firm's work on regional planning or representing other clients with surface or groundwater interests in the same watercourse or aquifer. What can you do? What should you do?

Pete Schenkkan, Graves Dougherty Hearon & Moody P.C. - Austin, TX

5:15 pm
Adjourn

Friday Morning, Dec. 6, 2013

Presiding Officer:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

WATER LAW AND PLANNING ISSUES

8:30 am

0.50 hr

Water Legislation in the 83rd Texas Legislature

What passed, what did not, and why.

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

9:00 am

0.75 hr

Financing the State Water Plan

Current issues with financing water development projects and the impact of new financing capability provided by the legislature.

Anne Burger Entrekin, First Southwest Company - San Antonio, TX
Jerry V. Kyle Jr., Andrews Kurth LLP - Austin, TX

9:45 am

0.50 hr

Desired Future Conditions: GMA Joint Planning, Round Two

In 2011, the process used to adopt desired future conditions was significantly changed. This presentation takes a close look at the implementation of those changes during the ongoing second cycle of GMA joint planning.

William D. Dugat III, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
Materials By: Mary K. Sahs, Sahs & Associates, P.C. - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

Conflicts in Regional Planning Process

A discussion of the court of appeals opinion in TWDB v. Ward Timber, Ltd. and how it impacts the regional planning process.

Marisa Perales, Lowerre, Frederick, Perales, Allmon & Rockwell - Austin, TX
Carolyn Brittin, former Deputy Executive Administrator, Texas Water Development Board - Austin, TX

11:15 am

0.75 hr

Transfer of Water Utility Regulation to the Public Utility Commission of Texas

What changes are coming as a result of the transfer of jurisdiction for water utility regulation?

Moderator: Jim Mathews, Mathews & Freeland LLP - Austin, TX
Panelist: Michele Gregg, Office of Public Utility Counsel - Austin, TX
Panelist: Thomas S. Hunter, Public Utility Commission of Texas - Austin, TX
Panelist: Susan G. Zachos, Of Counsel, The AL Law Group, PLLC - Austin, TX

12:00 pm
Pick Up Lunch

Included in registration.

 

Friday Afternoon, Dec. 6, 2013

Presiding Officer:
Jim Mathews, Mathews & Freeland LLP - Austin, TX

LUNCHEON PRESENTATION

12:15 pm

0.75 hr

Moving Forward under the Reorganized Texas Water Development Board

Paths forward for the newly reorganized TWDB.

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

 
1:00 pm
Break

WATER LAW AND PLANNING ISSUES, CONTINUED

1:15 pm

1.00 hr

Interstate and International Water Projects

As water demands increase and supplies diminish, interstate and international legal rights and obligations become critical in several areas of the state.

Moderator: Jim Mathews, Mathews & Freeland LLP - Austin, TX
Panelist: Gabriel Eckstein, Texas A&M University School of Law - Fort Worth, TX
Panelist: Patrick R. Gordon, Commissioner, Texas Rio Grande Compact Commission - El Paso, TX
Panelist: R. Glenn Jarvis, Law Offices of Glenn Jarvis - McAllen, TX

 
2:15 pm

1.00 hr

Takings Litigation: Post-Day, Post-Bragg

A discussion of the state of regulatory takings law in Texas with a focus on claims involving groundwater.

Paul M. Terrill III, The Terrill Firm, P.C. - Austin, TX
Deborah Clarke Trejo, Kemp Smith, LLP - Austin, TX

3:15 pm
Break

3:30 pm

1.00 hr

Endangered Species: TAP v. Shaw

How much will the Endangered Species Act shape Texas water law? What are TCEQ’s obligations regarding enforcement of the ESA in its management of the state’s water resources?

Moderator: Jim Mathews, Mathews & Freeland LLP - Austin, TX
Panelist: Charles W. Irvine, Blackburn Carter - Houston, TX
Panelist: Aaron M. Streett, Baker Botts - Houston, TX
Materials By: Carlos R. Romo, Baker Botts - Austin, TX

4:30 pm
Adjourn

Faculty

Conference Faculty

Toby Baker
Commissioner, Texas Commission on Environmental Quality
Austin, TX
Bob Brandes
Robert J. Brandes Consulting
Austin, TX
Carolyn Brittin
former Deputy Executive Administrator, Texas Water Development Board
Austin, TX
Doug Caroom
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
William D. Dugat III
Bickerstaff Heath Delgado Acosta LLP
Austin, TX
Gabriel Eckstein
Texas A&M University School of Law
Fort Worth, TX
Gregory M. Ellis
Attorney at Law
League City, TX
Anne Burger Entrekin
First Southwest Company
San Antonio, TX
C. Joe Freeland
Mathews & Freeland LLP
Austin, TX
Risher S. Gilbert
The Gilbert Law Firm, P.C.
El Paso, TX
Patrick R. Gordon
Commissioner, Texas Rio Grande Compact Commission
El Paso, TX
John Grant
Colorado River Municipal Water District
Big Spring, TX
Michele Gregg
Office of Public Utility Counsel
Austin, TX
Wayne Halbert
Harlingen Irrigation District Cameron County No. 1
Harlingen, TX
Billy C. Hamilton
Billy Hamilton Consulting
Austin, TX
Dewey E. Helmcamp III
Texas Board of Professional Engineers
Austin, TX
Jason T. Hill
Lloyd Gosselink Rochelle & Townsend PC
Austin, TX
Thomas S. Hunter
Public Utility Commission of Texas
Austin, TX
Charles W. Irvine
Blackburn Carter
Houston, TX
R. Glenn Jarvis
Law Offices of Glenn Jarvis
McAllen, TX
Christopher G. Jordan
Crawford & Jordan LLP
Houston, TX
Jerry V. Kyle Jr.
Andrews Kurth LLP
Austin, TX
Ivan Langford III
Gulf Coast Water Authority
Texas City, TX
Camm C. "Trey" Lary III
Allen Boone Humphries Robinson LLP
Houston, TX
Jim Mathews
Mathews & Freeland LLP
Austin, TX
Ed McCarthy
Jackson, Sjoberg, McCarthy & Townsend, L.L.P.
Austin, TX
Marisa Perales
Lowerre, Frederick, Perales, Allmon & Rockwell
Austin, TX
Carlos R. Romo
Baker Botts
Austin, TX
Bob Rose
Lower Colorado River Authority
Austin, TX
Chairman Carlos Rubinstein
Texas Water Development Board
Austin, TX
Mary K. Sahs
Sahs & Associates, P.C.
Austin, TX
Pete Schenkkan
Graves Dougherty Hearon & Moody P.C.
Austin, TX
Aaron M. Streett
Baker Botts
Houston, TX
Paul M. Terrill III
The Terrill Firm, P.C.
Austin, TX
Deborah Clarke Trejo
Kemp Smith, LLP
Austin, TX
Thomas H. Watkins
Husch Blackwell LLP
Austin, TX
Susan G. Zachos
Of Counsel, The AL Law Group, PLLC
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
Jeremy Brown
The University of Texas Law Energy Center
Austin, TX
Todd D. Chenoweth
Texas Water Development Board
Austin, TX
Lyn E. Clancy
Lower Colorado River Authority
Austin, TX
Gregory M. Ellis
Attorney at Law
League City, TX
Ronald J. Freeman
Freeman & Corbett
Austin, TX
Myron J. Hess
National Wildlife Federation
Austin, TX
Richard W. Lowerre
Lowerre, Frederick, Perales, Allmon & Rockwell
Austin, TX
Thomas G. Mason
Attorney at Law
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
Kenneth L. Petersen
Texas Water Development Board
Austin, TX
Suzanne Schwartz
The University of Texas School of Law
Austin, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
Fred B. Werkenthin Jr.
Booth, Ahrens & Werkenthin, P.C.
Austin, TX
Paulina Olin Williams
Baker Botts
Austin, TX
Credit Information

MCLE Credit

Texas
15.75 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Real Estate Law
Additional Information

Live Conferences:
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.

Webcasts: UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
15.75 hrs  |  1.50 hrs Ethics
Additional Information
Live Conferences: At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.

Webcasts: Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Oklahoma
19.00 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

TX Accounting CPE
18.50 hrs
TX Real Estate Commission (TREC)
Key Dates

Austin

  • Last day for Individual early registration: Nov 22, 2013
    Add $50 for registrations received after this time
  • Last day for TX Alliance of Groundwater Districts Member early registration: Nov 22, 2013
    Add $50 for registrations received after this time
  • Last day for State Employee early registration: Dec 5, 2013
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 22, 2013
  • Last day for cancellation (partial refund): Dec 2, 2013
    $50 processing fee applied

Hotel / Venue

Austin

Sheraton Austin Hotel at the Capitol

701 E. 11th Street
Austin, TX
512-478-1111 (reservations)

Accommodations

$139 room rate good through November 11, 2013 (subject to availability). 

Reserve your room online.

Parking Information

$5 per day event parking; $8 per day overnight parking.