2016

Texas Water Law Institute

Austin Nov 3-4, 2016 Radisson Hotel and Suites, Austin-Downtown
Conference Concluded

Overview

UT Law’s Texas Water Law Institute is the definitive gathering of regulatory agency members, water law practitioners and experts from around the state. Join us for two days of comprehensive discussion on the latest information and developments in Texas water law and planning.

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.
Earn up to 14.75 hours CLE credit, including 2.00 hours ethics credit.

Come a day early for Water Law Fundamentals—an essential opener for new attorneys and great refresher for seasoned practitioners.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 November 3, 2016
Day 2 November 4, 2016

Time

Credit

Subject

Speaker
Thursday Morning, Nov. 3, 2016
Presiding Officer:
Jim Mathews, Mathews & Freeland LLP - Austin, TX
7:30 am

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

1.00 hr
0.25 hr ethics

Unbundling Water Rights: Piloting Efforts to Apply the Australian Experience in the American West

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.

Mark Squillace, University of Colorado Law School - Boulder, CO

Mark Squillace, University of Colorado Law School - Boulder, CO
9:30 am

0.50 hr

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.

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

Charles R. Porter Jr., St. Edward’s University - Austin, TX
10:00 am

0.50 hr

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.

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

Ed McCarthy, Jackson, Sjoberg, McCarthy & Townsend, L.L.P. - Austin, TX
10:30 am

Break
10:45 am

0.50 hr

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?

James Kowis, James Kowis Consulting - Austin, TX

James Kowis, James Kowis Consulting - Austin, TX
11:15 am

1.00 hr

The Prior Appropriation Doctrine: Still Appropriate for Texas?

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.

Moderator:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
Panelists:
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

Moderator:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
Panelists:
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
12:15 pm

Pick Up Lunch

Included in registration.
Thursday Afternoon, Nov. 3, 2016
Presiding Officer:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
LUNCHEON PRESENTATION
12:35 pm

0.50 hr

The Texas Water Development Board SWIFT Program and Its Role in Implementing the Texas State Water Plan

Survey the highlights of the 2017 Texas State Water Plan and recent SWIFT program financing.

Bech Bruun, Chairman, Texas Water Development Board - Austin, TX

Bech Bruun, Chairman, Texas Water Development Board - Austin, TX
1:05 pm

Break
1:20 pm

1.00 hr

Bush School Capstone Report: Reorganizing Groundwater Regulation in Texas

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.

James M. Griffin, The Bush School of Government and Public Service, Texas A&M University - College Station, TX

James M. Griffin, The Bush School of Government and Public Service, Texas A&M University - College Station, TX
2:20 pm

0.75 hr

Indirect Reuse of Water

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.

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

Colette Barron Bradsby, Texas Parks & Wildlife Department - Austin, TX
Lyn E. Clancy, Lower Colorado River Authority - Austin, TX
3:05 pm

Break
3:15 pm

0.75 hr

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.

Ellen T. McDonald, Alan Plummer Associates, Inc. - Fort Worth, TX
L'Oreal W. Stepney, P.E., Texas Commission on Environmental Quality - Austin, TX

Ellen T. McDonald, Alan Plummer Associates, Inc. - Fort Worth, TX
L'Oreal W. Stepney, P.E., Texas Commission on Environmental Quality - Austin, TX
4:00 pm

0.50 hr

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.

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

Emily Willms Rogers, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
4:30 pm

0.75 hr ethics

Here But For the Grace of God Go You: Why the Texas Lawyers Creed Matters to You

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.

Mark McPherson, Attorney at Law - Dallas, TX

Mark McPherson, Attorney at Law - Dallas, TX
5:15 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Nov. 4, 2016
Presiding Officer:
Doug Caroom, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
7:30 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.50 hr

Texas Case Law Update

Listen to an update on cases dealing with water-related issues in Texas.

Trey Nesloney, Booth, Ahrens & Werkenthin, P.C. - Austin, TX

Trey Nesloney, Booth, Ahrens & Werkenthin, P.C. - Austin, TX
9:00 am

0.50 hr

TCEQ: Regulatory Update

Explore the recent rule-makings, actions, and decisions of the Texas Commission for Environmental Quality relating to Water Law.

Ross Henderson, Texas Commission on Environmental Quality - Austin, TX

Ross Henderson, Texas Commission on Environmental Quality - Austin, TX
9:30 am

0.50 hr

PUC Update

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.

John J. Carlton, The Carlton Law Firm PLLC - Austin, TX

John J. Carlton, The Carlton Law Firm PLLC - Austin, TX
10:00 am

Break
10:15 am

1.00 hr

Texas Legislature: Water Issues in the 85th

A preview of water politics and policy for the 85th Texas Legislature.

Charles Perry, Texas Senate - Lubbock, TX

Charles Perry, Texas Senate - Lubbock, TX
11:15 am

0.50 hr

Federal Case Law Update

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.

Paulina Williams, Baker Botts - Austin, TX

Paulina Williams, Baker Botts - Austin, TX
11:45 am

0.75 hr ethics

Communication and the Electronic Age

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.

Thomas A. Gwosdz, City of Victoria - Victoria, TX

Thomas A. Gwosdz, City of Victoria - Victoria, TX
12:30 pm

Pick Up Lunch

Included in registration.
Friday Afternoon, Nov. 4, 2016
Presiding Officer:
Jim Mathews, Mathews & Freeland LLP - Austin, TX
LUNCHEON PRESENTATION
12:50 pm

0.50 hr
0.25 hr ethics

A Change in Perspective: When the Lawyer Becomes the Client

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.

Jonathan K. Niermann, Commissioner, Texas Commission on Environmental Quality - Austin, TX

Jonathan K. Niermann, Commissioner, Texas Commission on Environmental Quality - Austin, TX
1:20 pm

Break
1:35 pm

1.00 hr

Desired Future Conditions: Will Process Changes Increase Accountability?

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.

Moderator:
Jim Mathews, Mathews & Freeland LLP - Austin, TX
Panelists:
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

Moderator:
Jim Mathews, Mathews & Freeland LLP - Austin, TX
Panelists:
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
2:35 pm

0.50 hr

State Water Plan Update

Take a look ahead to the fifth cycle of regional and state water planning.

Matt Nelson, Texas Water Development Board - Austin, TX

Matt Nelson, Texas Water Development Board - Austin, TX
3:05 pm

Break
3:15 pm

0.50 hr

Governmental Immunity: Implications of the Wasson and Wheelabrator Cases

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.

Heather Mahurin Lockhart, Texas Municipal League - Austin, TX

Heather Mahurin Lockhart, Texas Municipal League - Austin, TX
3:45 pm

0.75 hr

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?

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

C. Robert Heath, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
4:30 pm

Adjourn

Day 1 November 3, 2016
Day 2 November 4, 2016

Download Schedule

Conference Faculty

James A. Beach

LBG-Guyton Associates
Austin, TX

Colette Barron Bradsby

Texas Parks & Wildlife Department
Austin, TX

Bech Bruun

Chairman, Texas Water Development Board
Austin, TX

John J. Carlton

The Carlton Law Firm PLLC
Austin, TX

Doug Caroom

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Lyn E. Clancy

Lower Colorado River Authority
Austin, TX

John W. Fainter Jr.

The Association of Electric Companies of Texas, Inc. (AECT)
Austin, TX

James M. Griffin

The Bush School of Government and Public Service, Texas A&M University
College Station, TX

Thomas A. Gwosdz

City of Victoria
Victoria, TX

C. Robert Heath

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Ross Henderson

Texas Commission on Environmental Quality
Austin, TX

R. Glenn Jarvis

Law Offices of Glenn Jarvis
McAllen, TX

Marvin W. "Marty" Jones

Sprouse Shrader Smith PLLC
Amarillo, TX

James Kowis

James Kowis Consulting
Austin, TX

Heather Mahurin Lockhart

Texas Municipal League
Austin, TX

Robert E. Mace, Ph.D., P.G.

Texas Water Development Board
Austin, TX

Jim Mathews

Mathews & Freeland LLP
Austin, TX

Ed McCarthy

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

Ellen T. McDonald

Alan Plummer Associates, Inc.
Fort Worth, TX

Mark McPherson

Attorney at Law
Dallas, TX

Matt Nelson

Texas Water Development Board
Austin, TX

Trey Nesloney

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

Jonathan K. Niermann

Commissioner, Texas Commission on Environmental Quality
Austin, TX

Charles Perry

Texas Senate
Lubbock, TX

Charles R. Porter Jr.

St. Edward’s University
Austin, TX

Emily Willms Rogers

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Carlos Rubinstein

RSAH2O, LLC and Former Chairman, Texas Water Development Board
Austin, TX

Mark Squillace

University of Colorado Law School
Boulder, CO

L'Oreal W. Stepney, P.E.

Texas Commission on Environmental Quality
Austin, TX

Paulina 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

Lyn E. Clancy

Lower Colorado River Authority
Austin, TX

Leonard H. Dougal

Jackson Walker LLP
Austin, TX

Gregory M. Ellis

Attorney at Law
League City, TX

Ronald J. Freeman

Freeman & Corbett
Austin, TX

Myron J. Hess

National Wildlife Federation
Austin, TX

Renea Hicks

Attorney at Law
Austin, TX

Richard W. Lowerre

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
Austin, TX

Emily Willms Rogers

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Deborah Salzberg

The University of Texas School of Law
Austin, TX

Hope E. Wells

San Antonio Water System
San Antonio, TX

Fred B. Werkenthin Jr.

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

Kim Wilson

Texas Commission on Environmental Quality
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 14.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Administrative Law, Real Estate Law-Commercial, Farm and Ranch, Residential, and Property Owners Association

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 14.75 hrs | 2.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 17.50 hrs | 2.50 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

American Institute of Certified Planners (AICP) – 14.75 hrs

https://www.planning.org/cm/

Certified Professional Landman (AAPL) – 12.75 hrs | 2.00 hrs Ethics

Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org

TX Accounting CPE – 17.50 hrs

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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX Professional Engineer – 0.00 hr

This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm

TX Real Estate Commission (TREC) – 0.00 hr

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Austin – Nov 3-4, 2016 – Radisson Hotel and Suites, Austin-Downtown

Conference Concluded

Buy

Austin

Individual
Last day for $550.00 Regular pricing: Nov 3, 2016
$600.00 for registrations received after this time

TX Alliance of Groundwater Districts Member
Last day for $375.00 Regular pricing: Nov 3, 2016
$425.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $495.00 Regular pricing: Nov 3, 2016
$545.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $440.00 Regular pricing: Nov 3, 2016
$490.00 for registrations received after this time

Cancellation Policy
Last day for full refund cancellation: Oct 28, 2016
$50 processing fee applied after this date
Last day for cancellation: Oct 31, 2016

Venue

Radisson Hotel and Suites, Austin-Downtown

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

Accommodations

$195 room rate good through October 3, 2016 (subject to availability).
Reserve your room online.

Parking Information

Daily Self-Parking: $6
Overnight Self-Parking: $10
Daily Valet Parking: $26

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

TETRA Technologies, Inc.

TETRA Technologies, Inc.
TETRATEC.COM

Headquartered in The Woodlands, Texas, TETRA Technologies, Inc. is a global geographically diversified oil and gas services company with employees and operations on six continents. We were incorporated in Delaware on February 6, 1981 and trade on the New York Stock Exchange (NYSE) under the ticker symbol TTI.

TETRA operates under four main segments: Fluids, Production Testing, Compression, and Offshore Services. Our Water Management operates as part of our Fluids segment with extensive experience in all major North American oil and gas shale plays, providing environmentally friendly treatment, transfer, and storage solutions to address the needs of our customers. Using innovative technologies, TETRA transports, stores, and treats fresh, flowback, and produced water for hydraulic fracturing and unconventional (shale plays) well completions.

Texas Water Law Institute

Overview

Event Schedule

Thursday Morning, Nov. 3, 2016

Thursday Afternoon, Nov. 3, 2016

Friday Morning, Nov. 4, 2016

Friday Afternoon, Nov. 4, 2016

Conference Faculty

Planning Committee

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Radisson Hotel and Suites, Austin-Downtown

Accommodations

Parking Information

Our Sponsors

TETRA Technologies, Inc.

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