eConference
2016 Texas Water Law eConference
Contains material from Nov 2016
2016 Texas Water Law eConference
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UT Law’s Texas Water Law eConference is the definitive gathering of presentations from regulatory agency members, water law practitioners and experts from around the state. Listen to comprehensive discussions on the latest information and developments in Texas water law and planning.
The 2016 program highlights include:
The 2016 program highlights include:
- Unbundling Water Rights: Piloting Efforts to Apply the Australian Experience in the American West with Prof. Mark Squillace, University of Colorado Law School
- Experienced practitioners explore the prior appropriation doctrine in Texas following TCEQ v. Texas Farm Bureau
- Texas Water Development Board Chairman Bech Bruun presents highlights of the 2017 Texas State Water Plan and recent SWIFT program financing.
- Examine new requirements imposed by SB 660 (2011) and HB (200) in Desired Future Conditions: Will Process Changes Increase Accountability?
- Commissioner Jonathan K. Niermann of the Texas Commission on Environmental Quality discusses A Change in Perspective: When the Lawyer Becomes the Client
- Case law updates highlighting key surface water and groundwater cases; as well as additional legislative developments addressing water issues.
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1.
Unbundling Water Rights: Piloting Efforts to Apply the Australian Experience in the American West (Nov 2016)
Mark Squillace
1.00
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Session 1
—62 mins
Unbundling Water Rights: Piloting Efforts to Apply the Australian Experience in the American West (Nov 2016)
Explore the efforts to alter the system of water rights in the American West, and by focusing on pilot approaches proposed in Nevada and California, learn how these efforts create markets in shares of a water system, as well as in periodic allocations of quantities of water.
Originally presented: Nov 2016 Texas Water Law Institute
Mark Squillace,
University of Colorado Law School - Boulder, CO
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2.
Valuation of Water Rights (Nov 2016)
Charles R. Porter Jr.
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Session 2
—29 mins
Valuation of Water Rights (Nov 2016)
Credible fair market valuation of water rights is a major challenge in Texas. Explore a thorough and reliable model for determining the fair market value of water rights not only in Texas, but elsewhere around the globe.
Originally presented: Nov 2016 Texas Water Law Institute
Charles R. Porter Jr.,
St. Edward’s University - Austin, TX
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3.
Marketing Groundwater Rights (Nov 2016)
Ed McCarthy
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Session 3
—33 mins
Marketing Groundwater Rights (Nov 2016)
An overview of issues facing landowners and groundwater project developers, including: “grass roots politics”, market conditions, pricing concerns, transport considerations, permitting hurdles, and coordination with local groundwater districts.
Originally presented: Nov 2016 Texas Water Law Institute
Ed McCarthy,
Jackson, Sjoberg, McCarthy & Townsend, L.L.P. - Austin, TX
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4.
Marketing Surface Water Rights (Nov 2016)
James Kowis
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Session 4
—27 mins
Marketing Surface Water Rights (Nov 2016)
In pursuing the purchase of a water right, a buyer has to consider a number of regulatory steps in order to make the purchased water right beneficially useful. Just what are those steps?
Originally presented: Nov 2016 Texas Water Law Institute
James Kowis,
James Kowis Consulting - Austin, TX
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5.
The Prior Appropriation Doctrine: Still Appropriate for Texas? (Nov 2016)
Doug Caroom, John W. Fainter Jr., R. Glenn Jarvis, Carlos Rubinstein
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Session 5
—64 mins
The Prior Appropriation Doctrine: Still Appropriate for Texas? (Nov 2016)
In TCEQ v. Texas Farm Bureau, the Texas Commission for Environmental Equality (TCEQ) stated it needed the authority to amend the "first in time is first in right" rule, in order to protect public health and welfare. This position garnered numerous support from the amici. Hear experienced practitioners weigh in on the statement, and what it might mean for surface water rights in Texas.
Originally presented: Nov 2016 Texas Water Law Institute
Doug Caroom,
Bickerstaff Heath Delgado Acosta LLP - Austin, TX
John W. Fainter Jr.,
The Association of Electric Companies of Texas, Inc. (AECT) - Austin, TX
R. Glenn Jarvis,
Law Offices of Glenn Jarvis - McAllen, TX
Carlos Rubinstein,
RSAH2O, LLC and Former Chairman, Texas Water Development Board - Austin, TX
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6.
The Texas Water Development Board SWIFT Program and Its Role in Implementing the Texas State Water Plan (Nov 2016)
Bech Bruun
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Session 6
—40 mins
The Texas Water Development Board SWIFT Program and Its Role in Implementing the Texas State Water Plan (Nov 2016)
Survey the highlights of the 2017 Texas State Water Plan and recent SWIFT program financing.
Originally presented: Nov 2016 Texas Water Law Institute
Bech Bruun,
Chairman, Texas Water Development Board - Austin, TX
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7.
Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas (Nov 2016)
James M. Griffin
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Session 7
—59 mins
Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas (Nov 2016)
Review the regulatory practices of the local groundwater conservation districts, which concludes that Texas has a regulation-induced shortage of groundwater. Learn the four alternative regulatory options—based on four metrics—and find that substantial improvements are possible.
Originally presented: Nov 2016 Texas Water Law Institute
James M. Griffin,
The Bush School of Government and Public Service, Texas A&M University - College Station, TX
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8.
Indirect Reuse of Water (Nov 2016)
Colette Barron Bradsby, Lyn E. Clancy
0.75
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(pdf)
6 pgs
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8 pgs
Session 8
—41 mins
Indirect Reuse of Water (Nov 2016)
Examine historically disputed issues regarding indirect reuse and learn some of the existing indirect reuse permits. Discuss more recent directions and questions regarding indirect reuse coming from the Brazos River Authority System Operation permit hearing.
Originally presented: Nov 2016 Texas Water Law Institute
Colette Barron Bradsby,
Texas Parks & Wildlife Department - Austin, TX
Lyn E. Clancy,
Lower Colorado River Authority - Austin, TX
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9.
Direct Potable Reuse (Nov 2016)
Ellen T. McDonald, L'Oreal W. Stepney
0.75
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8 pgs
Session 9
—39 mins
Direct Potable Reuse (Nov 2016)
Explore the technical, social, and regulatory issues associated with the implementation of direct potable reuse in Texas, including a discussion of several case studies.
Originally presented: Nov 2016 Texas Water Law Institute
Ellen T. McDonald,
Alan Plummer Associates, Inc. - Fort Worth, TX
L'Oreal W. Stepney, P.E.,
Texas Commission on Environmental Quality - Austin, TX
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10.
Legal Issues with Permitting Amenity Ponds (Nov 2016)
Emily Willms Rogers
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Session 10
—29 mins
Legal Issues with Permitting Amenity Ponds (Nov 2016)
Amenity ponds are often constructed in new subdivisions for aesthetic, recreational, drainage, and irrigation purposes. Depending on the location and source of water for the pond, such as state-owned surface water, groundwater, storm water, or reclaimed water, the permitting requirements can vary greatly. Review the various permitting requirements and the legal hurdles associated with these ponds.
Originally presented: Nov 2016 Texas Water Law Institute
Emily Willms Rogers,
Bickerstaff Heath Delgado Acosta LLP - Austin, TX
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11.
Here But For the Grace of God Go You: Why the Texas Lawyers Creed Matters to You (Nov 2016)
Mark McPherson
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Session 11
—41 mins
Here But For the Grace of God Go You: Why the Texas Lawyers Creed Matters to You (Nov 2016)
Learn how to be the opposing counsel your profession needs without compromising your ethical duties to your client—an autobiography of four family deaths in eleven months.
Originally presented: Nov 2016 Texas Water Law Institute
Mark McPherson,
Attorney at Law - Dallas, TX
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12.
Texas Case Law Update (Nov 2016)
Trey Nesloney
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Session 12
—33 mins
Texas Case Law Update (Nov 2016)
Listen to an update on cases dealing with water-related issues in Texas.
Originally presented: Nov 2016 Texas Water Law Institute
Trey Nesloney,
Booth, Ahrens & Werkenthin, P.C. - Austin, TX
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13.
TCEQ: Regulatory Update (Nov 2016)
Ross Henderson
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Session 13
—12 mins
TCEQ: Regulatory Update (Nov 2016)
Explore the recent rule-makings, actions, and decisions of the Texas Commission for Environmental Quality relating to Water Law.
Originally presented: Nov 2016 Texas Water Law Institute
Ross Henderson,
Texas Commission on Environmental Quality - Austin, TX
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14.
PUC Update (Nov 2016)
John J. Carlton
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Session 14
—33 mins
PUC Update (Nov 2016)
The PUC assumed jurisdiction over water and sewer utility rates and CCNs two years ago. Has the change had the desired impact? Hear a summary of some important updates you will want to know about when managing rate applications, rate appeals, and CCN issues before the PUC.
Originally presented: Nov 2016 Texas Water Law Institute
John J. Carlton,
The Carlton Law Firm PLLC - Austin, TX
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15.
Texas Legislature: Water Issues in the 85th (Nov 2016)
Charles Perry
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5 pgs
Session 15
—44 mins
Texas Legislature: Water Issues in the 85th (Nov 2016)
A preview of water politics and policy for the 85th Texas Legislature.
Originally presented: Nov 2016 Texas Water Law Institute
Charles Perry,
Texas Senate - Lubbock, TX
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16.
Federal Case Law Update (Nov 2016)
Paulina Williams
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Session 16
—33 mins
Federal Case Law Update (Nov 2016)
The federal courts have seen significant developments in the water arena, from the U.S. Supreme Court on down this year. Review the latest updates on major federal decisions and litigation, including the status of the Waters of the U.S. litigation, cross-border disputes, and more.
Originally presented: Nov 2016 Texas Water Law Institute
Paulina Williams,
Baker Botts - Austin, TX
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17.
Communication and the Electronic Age (Nov 2016)
Thomas A. Gwosdz
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Session 17
—40 mins
Communication and the Electronic Age (Nov 2016)
Considering what we know about government surveillance, can an attorney ethically use electronic communication to discuss confidential client information? Examine legislative responses to the Edward Snowden disclosures and discuss appropriate lawyer communication in the electronic age.
Originally presented: Nov 2016 Texas Water Law Institute
Thomas A. Gwosdz,
City of Victoria - Victoria, TX
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18.
A Change in Perspective: When the Lawyer Becomes the Client (Nov 2016)
Jonathan K. Niermann
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Session 18
—33 mins
A Change in Perspective: When the Lawyer Becomes the Client (Nov 2016)
The Commissioner discusses his experiences in transitioning from representing the Texas Commission on Environmental Quality to being the client of the Office of the Attorney General, including observations on the Open Meetings Act and ex parte issues.
Originally presented: Nov 2016 Texas Water Law Institute
Jonathan K. Niermann,
Commissioner, Texas Commission on Environmental Quality - Austin, TX
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19.
Desired Future Conditions: Will Process Changes Increase Accountability? (Nov 2016)
Jim Mathews, James A. Beach, Marvin W. "Marty" Jones, Robert E. Mace
1.00
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Slides
(pdf)
8 pgs
Slides
(pdf)
9 pgs
Session 19
—60 mins
Desired Future Conditions: Will Process Changes Increase Accountability? (Nov 2016)
Through SB 660 (2011) and HB 200 (2015), the Legislature imposed new requirements for developing desired future conditions, including a best available science standard, and created an appeal process utilizing the state office of administrative hearings. Explore how these changes may affect groundwater conservation districts and their DFC decisions.
Originally presented: Nov 2016 Texas Water Law Institute
Jim Mathews,
Mathews & Freeland LLP - Austin, TX
James A. Beach,
LBG-Guyton Associates - Austin, TX
Marvin W. "Marty" Jones,
Sprouse Shrader Smith PLLC - Amarillo, TX
Robert E. Mace, Ph.D., P.G.,
Texas Water Development Board - Austin, TX
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20.
State Water Plan Update (Nov 2016)
Matt Nelson
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Session 20
—23 mins
State Water Plan Update (Nov 2016)
Take a look ahead to the fifth cycle of regional and state water planning.
Originally presented: Nov 2016 Texas Water Law Institute
Matt Nelson,
Texas Water Development Board - Austin, TX
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21.
Governmental Immunity: Implications of the Wasson and Wheelabrator Cases (Nov 2016)
Heather Mahurin Lockhart
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7 pgs
Session 21
—22 mins
Governmental Immunity: Implications of the Wasson and Wheelabrator Cases (Nov 2016)
The Supreme Court of Texas issued opinions earlier this year that resolved a split among appellate courts and declared that the proprietary-governmental dichotomy found in the Texas Tort Claims Act applies to waiver of immunity claims in the contract setting. Examine these decisions and their impact on water contracts with governmental entities.
Originally presented: Nov 2016 Texas Water Law Institute
Heather Mahurin Lockhart,
Texas Municipal League - Austin, TX
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22.
Application of Governmental Law Requirement to Public–Private Partnership Projects (Nov 2016)
C. Robert Heath
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Session 22
—43 mins
Application of Governmental Law Requirement to Public–Private Partnership Projects (Nov 2016)
What responsibilities and attributes of the government, such as obligations of openness and transparency, does a private business assume when it partners with the government on a project?
Originally presented: Nov 2016 Texas Water Law Institute
C. Robert Heath,
Bickerstaff Heath Delgado Acosta LLP - Austin, TX