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

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

Buy

Also available as: Materials, In-House CLE

Program Features
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
Schedule

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

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

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

Faculty

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 Information

MCLE Credit

Texas
15.75 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Real Estate Law
Additional Information
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.  
California
15.75 hrs  |  1.50 hrs Ethics
Additional Information
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.  
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 Professional Engineer
TX Real Estate Commission (TREC)
Key Dates

Austin

  • Last day for Individual early registration: Nov 12, 2014
    Add $50 for registrations received after this time
  • Last day for TX Alliance of Groundwater Districts Member early registration: Nov 12, 2014
    Add $50 for registrations received after this time
  • Last day for State Employee early registration: Nov 12, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 14, 2014
  • Last day for cancellation (partial refund): Nov 17, 2014
    $50 processing fee applied

Hotel / Venue

Austin

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