Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 – 11:45 am

Lunch (On your own):         11:45 am – 12:45 pm

Afternoon Session:             12:45 – 4:15 pm

Understanding California Surface Water Rights
P. Fitzgerald

    Ownership of surface water
Regulation of surface water rights
Obtaining surface water rights
Application and permitting process
Amending surface water rights
Current issues in surface water rights

Understanding California Groundwater Rights
M. Mouawad, W.Wang

Overview of groundwater rights
   Regulation of groundwater: Sustainable Groundwater Management Act
To adjudicate or not to adjudicate? That’s the question and other
recent developments concerning groundwater rights.

Complying with Water Quality Laws and Regulations
M. Lentz

State and federal water quality regulations
Stormwater regulations
Sewerage regulations
Industrial and agricultural programs
Public water supply
Water wells

Current Issues with the Clean Water Act
M. Krieger

Monsanto regulations re: PFAs and PFOAs
County of Maui case in briefing stage at SCOTUS (groundwater discharge)
CAFOs & AFOs permitting/suits related to facilities
Water quality in the Endangered Species Act

WOTS Up? An Update Regarding Regulation of
Waters of the State (WOTS) and Waters of the United States (WOTUS)
M. Coffee

Scope of “Waters of the State”
Review of activities requiring a permit
New and supplemental permitting requirements
Permitting program exclusions
Comparison with other state and federal aquatic resource protection programs
Legal update regarding Waters of the United States
and Section 404 permitting requirements

Credits

California Attorneys
     6.0 CLE Hours

California Engineers,
Geologists & Landscape
Architects
Non-Credit Continuing Ed.
6.0 LA/CES HSW PDHs

Architects
Non-Qualifying Continuing Ed.
6.0 AIA LU|HSW

Floodplain Managers
     6.0 ASFPM CECs

Continuing Education Credit Information

This seminar is open to the public and offers 6.0 CLE hours to California attorneys. HalfMoon Education is an approved CLE sponsor for California attorneys (No. 8370).

This course offers a non-credit continuing education opportunity to California professional engineers, geologists, landscape architects, and architects. It will qualify for required continuing education credit in most other states. Refer to specific state rules to determine eligibility.

This course is approved by the American Institute of Architects Continuing Education System for 6.0 LU|HSW (Sponsor No. J885) and the Landscape Architecture Continuing Education System for 6.0 HSW PDHs. Visit www.halfmoonseminars.org for complete AIA/CES information under this seminar listing. Only full attendance is reportable to the AIA/CES and LA/CES.

The Association of State Floodplain Managers has approved this event for 6.0 CECs.

This course offers a non-credit continuing education opportunity to construction contractors. It has not been approved in any state with a mandatory continuing education.

Attendance will be monitored and reported, as required. Attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Mary Coffee

Nossaman LLP

Nossaman LLP
Ms. Coffee is a Partner in the Environment & Land Use Practice Group at Nossaman LLP. Based in Irvine, California, she has extensive experience providing strategic, legal and regulatory advice and counsel with respect to permitting and compliance under CEQA, NEPA, and state and federal water quality, wetlands, endangered species, and other natural resource protection laws. Her practice focuses on assuring responsible development, operation and maintenance of much needed public infrastructure and housing in full compliance with applicable environmental laws, including CEQA, NEPA, state and federal Endangered Species Acts, the federal Clean Water Act, Porter-Cologne, and the California Fish and Game Code.

Patrick Fitzgerald

Bartkiewicz, Kronick & Shanahan

Bartkiewicz, Kronick & Shanahan
Mr. Fitzgerald is an attorney with Bartkiewicz, Kronick & Shanahan in Sacramento. He advises clients on numerous water resources and public agency issues, including water right and water supply matters and compliance with state and federal water quality laws and the California Environmental Quality Act. He also provides counsel on Brown Act, California Public Records Act, and Political Reform Act compliance, and he has provided counsel and litigation assistance on Endangered Species Act matters. He represents clients in state and federal court and in proceedings at the State Water Resources Control Board. He received his B.A. degree from Stanford University, where he was editor in chief of the Stanford Daily, and received his J.D. degree with honors from Columbia Law School, where he was a notes editor of the Columbia Law Review.

Miles Krieger

Best Best & Krieger LLP

Best Best & Krieger LLP
Mr. Krieger is an associate in the Riverside office of Best Best & Krieger LLP. He primarily represents public agencies, including water districts and counties, and he specializes in environmental, natural resource, and tribal law. Mr. Krieger is currently litigating several disputes in state and federal court involving groundwater rights, the California Sustainable Groundwater Management Act (SGMA), and other land use related matters. He also regularly advises clients regarding water rights and quality compliance. Prior to joining Best Best & Krieger, Mr. Krieger clerked with the Arizona Attorney General’s Office, Division of Natural Resources. He earned his law degree and masters of Business Administration degree from the University of Arizona, and he received his undergraduate degree from Wesleyan University.

Matthew Lentz

GSI Environmental Inc.

GSI Environmental Inc.
Mr. Lentz is a vice president and principal with GSI Environmental Inc. and he has more than 20 years of experience providing multi-media compliance support to industry, the public sector, and the legal community. He has successfully managed large, logistically challenging projects, and he has extensive experience developing compliance programs involving stormwater, hazardous waste, hazardous materials, air quality, wastewater, and a variety of health and safety-related programs. Mr. Lentz’ practice has involved assisting hundreds of industrial, municipal and construction industry clients comply with NPDES stormwater regulations and development and implementation of their compliance programs. He serves as co-chair of the California Stormwater Quality Association’s Industrial Stormwater Subcommittee and is a member of the California State Water Resources Control Board’s Industrial General Permit Training Team.

Maya Mouawad

Best Best & Krieger LLP

Best Best & Krieger LLP
Ms. Mouawad is an attorney with the Environmental Law & Natural Resources practice group at Best Best & Krieger LLP. She is focused on matters involving water rights, including California’s Sustainable Groundwater Management Act (SGMA), as well as transactional commercial real estate development matters. She is part of the team of attorneys handling the Las Posas Valley Basin groundwater adjudication in Ventura County, the first adjudication of water rights in California intersecting with SGMA. Ms. Mouawad previously served as assistant general counsel for the Palmdale Water District and as special counsel for the Carson Reclamation Authority.

Wendy Wang

Best Best & Krieger LLP

Best Best & Krieger LLP
Ms. Wang is an attorney in Best Best & Krieger LLP’s Environmental Law & Natural Resources practice group, who works with public and private clients on matters involving water law, including California’s Sustainable Groundwater Management Act. She was part of the successful team that earned a Top Verdict recognition in 2018 from the Daily Journal for a jury verdict that favored water agencies in a first-of-its-kind groundwater rights trial. Ms. Wang was also part of the team of attorneys that secured a trial court judgment in the Antelope Valley groundwater adjudication, the largest groundwater rights case ever in California.

AIA Info

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: California Water Laws and Regulations

Delivery Method: Live

Course Description: This course examines California surface and groundwater rights, complying with federal and state water quality laws and regulations, current issues with the Clean Water Act regarding Monsanto regulations, CAFOs and AFOs, wells, and water quality and the Endangered Species Act.

Learning Objectives:

Learning Objective 1:
Learners will be able to discuss groundwater rights in California, including the Sustainable Groundwater Management Act, and how it affects local communities and agencies.

Learning Objective 2:
Learners will be able to discuss California surface water rights, including ownership of surface water and regulation of surface rights, as this information affects property owners who have water frontage or water rights.

Learning Objective 3:
Learners will be able to discuss current issues concerning the Clean Water Act, including concentrated animal feeding operations (CAFOs) and animal feeding operations (AFOs), as these operations are, or may be, affecting neighboring property owners.

Learning Objective 4:
Learners will be able to identify activities on near Waters of the State and Waters of the United States that require a permit, which, which may determine whether a development project can move forward, be delayed, and affect cost.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: Familiar with site development and awareness of water quality issues

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 01/14/2023

Complaint Resolution Policy:

Complaints regarding this course can be emailed to doug@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.