University of Texas School of Law
2015
Texas Water Law Institute
Austin Oct 28*, 29-30, 2015 Radisson Hotel and Suites, Austin-Downtown
*Wednesday Evening Texas Water Law Overview
Conference Concluded
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UT Law CLE

2015 Texas Water Law Institute

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 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

UT Law CLE

2015 Texas Water Law Institute

5/26/19
Schedule

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

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

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

UT Law CLE

2015 Texas Water Law Institute

Faculty

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

UT Law CLE

2015 Texas Water Law Institute

Credit Information

MCLE Credit

Texas
15.50 hrs  |  2.00 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
15.50 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. 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
18.50 hrs  |  2.50 hrs Ethics
Additional Information
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.
Other States
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

TX Accounting CPE
18.50 hrs
Additional Information
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.  
TX Real Estate Commission (TREC)
Additional Information
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.

UT Law CLE

2015 Texas Water Law Institute

Key Dates

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 cancellation (full refund): Oct 23, 2015
  • Last day for cancellation (partial refund): Oct 26, 2015
    $50 processing fee applied

UT Law CLE

2015 Texas Water Law Institute

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 September 28, 2015 (subject to availability).
Reserve your room online.  

Parking Information

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