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 2015 program highlights include:
  • Texas State Senator (District 28), Charles Perry, provides his inside perspective on the policy rationale and legislative intent behind recent water-related legislation enacted by the 84th Legislature
  • Current developments around the rule defining “waters of the U.S.”
  • A review of recent taking litigation and analysis of its impact on groundwater regulation
  • A look at the past, present and future of the Texas Water Development Board by Former Chairman, Carlos Rubinstein
  • Discussion on select water rights permitting issues—water conservation considerations; plus impacts of regional planning  decisions on permitting and financing
  • Tips for developing accounting plans, including guidance from the TCEQ
  • An analysis of the impact of climate change on water planning and management, with Ronald A. Kaiser, Chair of the Texas A&M University Water Program
  • Case law updates highlighting key surface water and groundwater cases; as well as additional legislative developments addressing water issues
  • Wednesday evening’s Texas Water Law Overview with Jim Mathews and Doug Caroom
  • Earn up to 15.50 hours CLE credit including 2.00 hours ethics credit

Event Schedule

Program is subject to change.

  • Time
    Credit
    Subject
    Speaker
  • Wednesday Evening, Oct. 28, 2015
  • 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, Oct. 29, 2015
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    1.00 hr
    Waters of the U.S.: Current Developments
    Even before the new definition for “Waters of the United States” proposed by the Environmental Protection Agency and the United States Army Corps of Engineer could become effective on August 28, 2015, more than 80 individual plaintiffs sued the two agencies over the regulation. Representing a variety of interests that challenge or defend the controversial new definition, hear from Clean Water Act experts about what’s wrong with the new definition, or right about it, the key challenges raised in the district and appellate court proceedings, and predictions on the potential outcome of the lawsuits.

    Moderator:
    Molly Cagle, Baker Botts - Austin, TX
    Panelists:
    Jay Bragg, Texas Farm Bureau - Waco, TX
    Jen Sorenson, Natural Resources Defense Council - San Francisco, CA
    Tucker Henson, U.S. Environmental Protection Agency, Region VI - Dallas, TX

  • 10:00 am
    0.75 hr
    PUC Update on CCN Decertifications
    The transfer of retail water and wastewater utility regulation from TCEQ to the PUCT occurred a little more than a  year ago. Hear from all sides—landowners, agency, and CCN holders—about the latest issues involving CCN applications and decertifications.

    Leonard H. Dougal, Jackson Walker L.L.P. - Austin, TX
    C. Joe Freeland, Mathews & Freeland LLP - Austin, TX
    Margaret Uhlig Pemberton, Public Utility Commission - Austin, TX

  • 10:45 am
    Break

  • 11:00 am
    1.00 hr
    Water Conservation Considerations for Water Rights Permitting and Water Supply Planning
    Review recent developments related to water conservation in Texas, with a focus on what is already being done, unrealized potential, and challenges along the way.

    Moderator:
    Myron J. Hess, National Wildlife Federation - Austin, TX
    Panelists:
    Tom McLemore, Harlingen Irrigation District - Harlingen, TX
    Jeremy Rice, Freese and Nichols - Fort Worth, TX

  • 12:00 pm
    0.75 hr
    Impacts of Regional Planning Decisions on Permitting and Financing (Whom Do You Sue?)
    Explore how desired future conditions (DFC) and water management strategy decisions by regional planning groups affect water project permitting and financing, and consider possible remedies.

    Trish Erlinger Carls, Carls, McDonald & Dalrymple, LLP - Austin, TX
    Co-Author:
    Mark B. Taylor, Attorney at Law - San Marcos, TX

  • 12:45 pm
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Oct. 29, 2015
    Presiding Officer:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 1:05 pm
    0.50 hr
    The Texas Water Development Board: Past, Present, and Future
    A look back at the history of water resource development in Texas, an update on current developments at the Board, and a few opinions on the future from the former Chairman of the Texas Water Development Board.

    Carlos Rubinstein, Austin, TX

  • 1:35 pm
    Break

  • 1:50 pm
    0.75 hr
    Takings: Overview and Recent Litigation

    Lynn E. Blais, Co-Director of the Supreme Court Clinic, The University of Texas School of Law - Austin, TX
    Paul M. Terrill III, The Terrill Firm, P.C. - Austin, TX

  • 2:35 pm
    1.00 hr
    Groundwater Regulation in Light of Recent Takings Litigation
    Recent appellate court decisions have prompted strident advocacy about groundwater regulation and property rights. Has rhetoric outpaced the law? Does all regulation require compensation? When does groundwater regulation go too far?

    Moderator:
    Steve Kosub, San Antonio Water System - San Antonio, TX
    Panelists:
    Gregory M. Ellis, Attorney at Law - League City, TX
    Billy Howe, Texas Farm Bureau - Waco, TX
    Christopher S. Kulander, South Texas College of Law and Of Counsel, Haynes and Boone, LLP - Houston, TX

  • 3:35 pm
    Break

  • 3:45 pm
    0.75 hr
    Groundwater–Surface Water Interaction: Implications for Groundwater Planning and Management
    Groundwater pumping generally results in decreased groundwater storage, induced recharge to the area, and decreased spring flow and stream flow. The nature and timing of these three impacts are dependent on many factors, and require an understanding of local conditions. Explore how groundwater–surface water interaction affects groundwater planning and management.

    William R. Hutchison, Independent Groundwater Consultant - Austin, TX

  • 4:30 pm
    0.50 hr
    Environmental Flows and Senate Bill 3: Lessons Learned

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

  • 5:00 pm
    0.50 hr
    The Road beyond Denton: A Current Look at Hydraulic Fracturing Regulation in Texas
    One of the most hotly contested topics in the 84th Legislature was HB 40—the response to the City of Denton banning hydraulic fracturing. Final legislation reversed the ban, but also significantly altered municipal regulation of oil and gas production in Texas. Explore the background of urban regulation of drilling activities, the Denton ban, and the effect of HB 40, and consider emerging topics regarding water regulation and induced seismicity events associated with fluid waste disposal.

    James D. Bradbury, James D. Bradbury PLLC - Fort Worth, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 30, 2015
    Presiding Officer:
    Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.50 hr
    Texas Water Law: A Policy Perspective
    An inside look at the policy rationale and legislative intent of several pieces of water-related legislation enacted by the 84th Texas Legislature.

    Sen. Charles Perry, Chairman of the Senate Committee on Agriculture, Water, & Rural Affairs, Texas Senate - Lubbock, TX

  • 9:00 am
    0.50 hr
    Texas Legislative Update
    An overview of water legislation in the 84th Session, including discussion of what passed and what did not.

    Hope E. Wells, San Antonio Water System - Austin and San Antonio, TX

  • 9:30 am
    0.75 hr
    Case Law Update
    Evaluate recent groundwater, surface water, and utility cases and their implications.

    Emily Willms Rogers, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    The Role of Groundwater Conservation Districts in Water Quality Protection
    A discussion of the authority and activities of groundwater conservation districts in the regulation of groundwater quality, including district participation in RRC and TCEQ waste management proceedings.

    Eric M. Allmon, Frederick, Perales, Allmon & Rockwell, P.C. - Austin, TX
    John J. Vay, Enoch Kever PLLC - Austin, TX

  • 11:15 am
    0.50 hr
    Threshold for Challenges to Water Quality and Water Rights Permits: Who’s “Affected?”
    Examine water quality and water rights permitting actions, as well as the legal standard and procedures that govern the threshold question of whether a hearing requestor is an affected person in light of recent litigation and legislation.

    Paulina Olin Williams, Baker Botts - Austin, TX

  • 11:45 am
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Oct. 30, 2015
    Presiding Officer:
    Jim Mathews, Mathews & Freeland LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:05 pm
    0.75 hr
    Climate Change and Its Impact on Water Planning and Management
    Climate change will affect the use and distribution of Texas water. Surface water availability could be more limited than the 1950s' drought of record, placing greater stress on groundwater resources. Learn how water infrastructure investments and strategies can and should take climate change scenarios into consideration.

    Ronald A. Kaiser, Professor and Chair, Graduate Water Degree Program, Texas A&M University - College Station, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.75 hr
    There's No Accounting for Water
    Review the basics of accounting plans used in water rights permitting and gain insight into recent developments and issues.

    Kathy Alexander, Texas Commission on Environmental Quality - Austin, TX
    Tom Gooch, Freese and Nichols - Fort Worth, TX

  • 1:50 pm
    1.00 hr ethics
    Ethical Issues in Environmental Law—It's Not Easy Being Green
    Using a series of hypotheticals, explore a number of ethical issues that are especially pertinent to water law practitioners—including who is the client, the duty to disclose, and conflicts—with lessons on how clients and their counsel can minimize ethical, as well as legal, risks.

    Carrick Brooke-Davidson, Guida, Slavich & Flores, P.C. - Austin, TX
    Mary S. Mendoza, Haynes and Boone, LLP - Austin, TX

  • 2:50 pm
    1.00 hr ethics
    The Devil in the Details: An Ethical Journey toward Governmental Approvals
    Uncover ethical issues related to the regulatory world of water law, including advocacy in and around agencies, representing or speaking to public officials and board members, advocacy on and for both sides, financing and its role in deals or permits, and what to do when it’s such a small, small world.

    Barbara A. Boulware-Wells, Knight & Partners - Austin, TX

  • 3:50 pm
    Adjourn

Conference Faculty

Kathy Alexander

Texas Commission on Environmental Quality
Austin, TX

Eric M. Allmon

Frederick, Perales, Allmon & Rockwell, P.C.
Austin, TX

Lynn E. Blais

Co-Director of the Supreme Court Clinic, The University of Texas School of Law
Austin, TX

Barbara A. Boulware-Wells

Knight & Partners
Austin, TX

James D. Bradbury

James D. Bradbury PLLC
Fort Worth, TX

Jay Bragg

Texas Farm Bureau
Waco, TX

Bob Brandes

Robert J. Brandes Consulting
Austin, TX

Carrick Brooke-Davidson

Guida, Slavich & Flores, P.C.
Austin, TX

Molly Cagle

Baker Botts
Austin, TX

Trish Erlinger Carls

Carls, McDonald & Dalrymple, LLP
Austin, TX

Doug Caroom

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Leonard H. Dougal

Jackson Walker L.L.P.
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

C. Joe Freeland

Mathews & Freeland LLP
Austin, TX

Tom Gooch

Freese and Nichols
Fort Worth, TX

Tucker Henson

U.S. Environmental Protection Agency, Region VI
Dallas, TX

Myron J. Hess

National Wildlife Federation
Austin, TX

Billy Howe

Texas Farm Bureau
Waco, TX

William R. Hutchison

Independent Groundwater Consultant
Austin, TX

Ronald A. Kaiser

Professor and Chair, Graduate Water Degree Program, Texas A&M University
College Station, TX

Steve Kosub

San Antonio Water System
San Antonio, TX

Christopher S. Kulander

South Texas College of Law and Of Counsel, Haynes and Boone, LLP
Houston, TX

Jim Mathews

Mathews & Freeland LLP
Austin, TX

Tom McLemore

Harlingen Irrigation District
Harlingen, TX

Mary S. Mendoza

Haynes and Boone, LLP
Austin, TX

Margaret Uhlig Pemberton

Public Utility Commission
Austin, TX

Sen. Charles Perry

Chairman of the Senate Committee on Agriculture, Water, & Rural Affairs, Texas Senate
Lubbock, TX

Jeremy Rice

Freese and Nichols
Fort Worth, TX

Emily Willms Rogers

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Carlos Rubinstein

Austin, TX

Jen Sorenson

Natural Resources Defense Council
San Francisco, CA

Mark B. Taylor

Attorney at Law
San Marcos, TX

Paul M. Terrill III

The Terrill Firm, P.C.
Austin, TX

John J. Vay

Enoch Kever PLLC
Austin, TX

Hope E. Wells

San Antonio Water System
Austin and San Antonio, TX

Paulina Olin Williams

Baker Botts
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

Timothy L. Brown

Sledge Law & Public Strategies, PLLC
Austin, TX

Molly Cagle

Baker Botts
Austin, TX

Todd D. Chenoweth

Texas Water Development Board
Austin, TX

Leonard H. Dougal

Jackson Walker L.L.P.
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

Myron J. Hess

National Wildlife Federation
Austin, TX

Renea Hicks

Attorney at Law
Austin, TX

Joanna Jefferson

The University of Texas School of Law
Austin, TX

Kathleen Ligon

Texas Water Development Board
Austin, TX

Richard W. Lowerre

Of Counsel, Frederick, Perales, Allmon & Rockwell, P.C.
Austin, TX

Ed McCarthy

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

Mark McPherson

Attorney at Law
Dallas, TX

Hon. Jan P. Patterson

Texas Third Court of Appeals, Senior Justice
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

Fred B. Werkenthin Jr.

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

Credit Info

MCLE Credit
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.  
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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
This course will qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please see the education form log below to keep track of your credits in the case of an audit. When you select this credit type in the webcast, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/downloads/TBPE_CEP_Log.pdf
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

Key Dates

Austin – Oct 28*, 29-30, 2015 – Radisson Hotel and Suites, Austin-Downtown
*Wednesday Evening Texas Water Law Overview
Conference Concluded
Buy
Austin
Last day for Individual early registration: Oct 27, 2015

Add $50 for registrations received after this time

Last day for TX Alliance of Groundwater Districts Member early registration: Oct 27, 2015

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Oct 27, 2015

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Oct 27, 2015

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 23, 2015

$50 processing fee applied after this date

Last day for cancellation: Oct 26, 2015

Venue

speaker

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

Accommodations

$184 room rate good through September 28, 2015 (subject to availability).
Reserve your room online.  

Parking Information

Daily Self-Parking: $4
Overnight Self-Parking: $10
Daily Valet Parking: $25

Subscribe to Our Hooked on CLE Monthly Newsletter