University of Texas School of Law

eCourse

Answer Bar: Water Rights, Planning, and Legal Issues in Texas

Contains material from Nov 2015 to Oct 2018

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Session 1: Waters of the United States: The Future Regulation of Potholes and Other Issues - Review the recent action of EPA and the Department of the Army in resetting the effective date of the 2015 Rule from August 2015 to February 2020. Listen to a discussion about the likelihood for changes to the 2015 Rule, and the emerging trend of ground water being considered as regulated under the federal Clean Water Act.

Session 2: 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.

Session 3: Valuation of Water Rights - 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.

Session 4: Marketing Groundwater Rights - 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.

Session 5: Marketing Surface Water Rights 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?

Session 6: Indirect Reuse of Water - Examine historically disputed issues regarding indirect reuse and learn some of the existing indirect reuse permits. Listen to a discussion about more recent directions and questions regarding indirect reuse coming from the Brazos River Authority System Operation permit hearing.

Session 7: Direct Potable Reuse - Explore the technical, social, and regulatory issues associated with the implementation of direct potable reuse in Texas, including a discussion of several case studies.

Session 8: Application of Governmental Law Requirement to Public–Private Partnership Projects 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?

Session 9: Legal Issues with Permitting Amenity Ponds - 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.

Session 10: 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.
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Total Credit Hours:
6.25     Credit Info

TX MCLE credit expires: 10/31/2019

Includes: Video Audio Paper Slides

$265  

Preview Sessions
Credit Hours
1. There's No Accounting for Water (Nov 2015)

Kathy Alexander, Tom Gooch

0.75 0.00 0.00 0.75  

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Audio (mp3) 45 mins
Paper (pdf) 16 pgs
Slides (pdf) 21 pgs

Preview limited to first 5 slides
of 41
SESSION 1 — 45 mins, credit 0.75

Session 1:

There's No Accounting for Water (Nov 2015)

Review the basics of accounting plans used in water rights permitting and gain insight into recent developments and issues.

Originally presented at: Oct 2015 Texas Water Law Institute

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

2. Waters of the United States: The Future Regulation of Potholes and Other Issues (Oct 2018)

John A. Riley

0.50 0.00 0.00 0.50  

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for offline use.

Video (mp4) 30 mins
Audio (mp3) 30 mins
Slides (pdf) 15 pgs

SESSION 2 — 30 mins, credit 0.50

Session 2:

Waters of the United States: The Future Regulation of Potholes and Other Issues (Oct 2018)

Review the recent action of EPA and the Department of the Army in resetting the effective date of the 2015 Rule from August 2015 to February 2020. Also discuss the likelihood for changes to the 2015 Rule, and the emerging trend of ground water being considered as regulated under the federal Clean Water Act. 

Originally presented at: Sep 2018 Gas and Power Institute

John A. Riley, Holland & Knight LLP - Austin, TX

3. Groundwater–Surface Water Interaction: Implications for Groundwater Planning and Management (Nov 2015)

William R. Hutchison

0.75 0.00 0.00 0.75  

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for offline use.

Audio (mp3) 40 mins
Paper (pdf) 38 pgs
Slides (pdf) 36 pgs

SESSION 3 — 40 mins, credit 0.75

Session 3:

Groundwater–Surface Water Interaction: Implications for Groundwater Planning and Management (Nov 2015)

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.

Originally presented at: Oct 2015 Texas Water Law Institute

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

4. Valuation of Water Rights (Nov 2016)

Charles R. Porter Jr.

0.50 0.00 0.00 0.50  

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for offline use.

Audio (mp3) 29 mins
Paper (pdf) 28 pgs
Slides (pdf) 17 pgs

Preview limited to first 5 slides
of 34
SESSION 4 — 29 mins, credit 0.50

Session 4:

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 at: Nov 2016 Texas Water Law Institute

Charles R. Porter Jr., St. Edward’s University - Austin, TX

5. Marketing Groundwater Rights (Nov 2016)

Ed McCarthy

0.50 0.00 0.00 0.50  

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for offline use.

Audio (mp3) 33 mins
Slides (pdf) 26 pgs

Preview limited to first 5 slides
of 51
SESSION 5 — 33 mins, credit 0.50

Session 5:

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 at: Nov 2016 Texas Water Law Institute

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

6. Marketing Surface Water Rights (Nov 2016)

James Kowis

0.50 0.00 0.00 0.50  

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for offline use.

Audio (mp3) 27 mins
Slides (pdf) 8 pgs

Preview limited to first 5 slides
of 16
SESSION 6 — 27 mins, credit 0.50

Session 6:

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 at: Nov 2016 Texas Water Law Institute

James Kowis, James Kowis Consulting - Austin, TX

7. Indirect Reuse of Water (Nov 2016)

Colette Barron Bradsby, Lyn E. Clancy

0.75 0.00 0.00 0.75  

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for offline use.

Audio (mp3) 41 mins
Paper (pdf) 77 pgs
Paper (pdf) 45 pgs
Slides (pdf) 6 pgs
Slides (pdf) 8 pgs

Preview limited to first 5 slides
of 26
SESSION 7 — 41 mins, credit 0.75

Session 7:

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 at: Nov 2016 Texas Water Law Institute

Colette Barron Bradsby, Texas Parks & Wildlife Department - Austin, TX
Lyn E. Clancy, Lower Colorado River Authority - Austin, TX

8. Direct Potable Reuse (Nov 2016)

Ellen T. McDonald, L'Oreal W. Stepney

0.75 0.00 0.00 0.75  

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for offline use.

Audio (mp3) 39 mins
Slides (pdf) 8 pgs
Slides (pdf) 12 pgs
Slides (pdf) 10 pgs

Preview limited to first 5 slides
of 59
SESSION 8 — 39 mins, credit 0.75

Session 8:

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 at: 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

9. Application of Governmental Law Requirement to Public–Private Partnership Projects (Nov 2016)

C. Robert Heath

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 43 mins
Paper (pdf) 14 pgs
Slides (pdf) 16 pgs

Preview limited to first 5 slides
of 32
SESSION 9 — 43 mins, credit 0.75

Session 9:

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 at: Nov 2016 Texas Water Law Institute

C. Robert Heath, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

10. Legal Issues with Permitting Amenity Ponds (Nov 2016)

Emily Willms Rogers

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 29 mins
Paper (pdf) 14 pgs
Slides (pdf) 12 pgs

Preview limited to first 5 slides
of 23
SESSION 10 — 29 mins, credit 0.50

Session 10:

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 at: Nov 2016 Texas Water Law Institute

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