Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:30 pm

Lunch (On your own):         12:30 – 1:30 pm

Afternoon Session:             1:30 – 4:15 pm

Development of Water Laws: Quantity, Quality and Usage
K. Moore

   Development of the common law of water rights
   Statutory and regulatory limits on the exercise of water rights
   Federal, state and local regulators
   Development of the law on water quality preservation
   Comprehensive water planning

Complying with Water Quality Laws and Regulations
L. Kerr

   An overview of the Clean Water Act
      • Federal program
         – Point source pollution
            • NPDES permitting program
            • Permit components
            • Removal-fill permitting program
         – Non-point source pollution
      • State program
         – State CWA authorization
   Recent Clean Water Act developments you should know about

Understanding Oregon Groundwater Rights
S. Liljefelt

   Ownership of groundwater
   Regulation of groundwater rights
   Obtaining groundwater rights
   Application and permitting process
   Current issues in groundwater rights

Understanding Riparian and Water Rights
A. St. Clair

   History and development of riparian property rights
   Determining land boundaries near the water line
   Determining access rights to surface waters
   Complying with regulations restricting access to and use of riparian lands and surface water
   An example:  in-water construction of a dock

Water Utility Regulation
I. Sanger, S. Moser, B. Hellebuyck

   Types of water utilities
   Water utility rate proceedings
   Jurisdiction / Abandonment proceedings
   Water utility mergers and acquisitions
   Regulation of allocated utility service territories
   Current issues in utility regulation

Credits

Attorneys
   6.25 Oregon CLE Hours
   6.25 Washington CLE Hours

Professional Engineers
   6.0 PDHs

Geologists
   Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public. The Oregon State Bar MCLE Board has approved this seminar for 6.25 general MCLE credits for attorneys. The Washington State Bar Association MCLE Team has approved this activity for 6.25 CLE hours for attorneys.

This activity offers 6.0 PDHs to Oregon professional engineers and to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Oregon.

This course offers a non-credit continuing education opportunity to Oregon geologists.

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

Bruce Hellebuyck

Bruce Hellebuyck is the program manager for the Retail Telecom & Water Regulation group at the Oregon Public Utility Commission (OPUC). His group deals with issues surrounding the regulation of water utilities by the OPUC including service regulation of approximately 40 water utilities and rate and service regulation of another approximately forty utilities. Mr. Hellebuyck also served on the Board of Commissioners for the West Slope Water District, west of Portland. He is currently a member of the State of Oregon’s Drinking Water Advisory Committee (DWAC) which was created to advise and assist Oregon Drinking Water Services on policies related to the protection, safety, and regulation of public drinking water in Oregon.

Laura Kerr

Stoel Rives LLP

Laura Kerr, an Environmental Attorney with Stoel Rives LLP, helps clients solve complex challenges arising under federal and state environmental laws. She regularly advises on compliance issues, navigates permitting processes, manages environmental risks in transactions and resolves environmental disputes and enforcement actions. Her background includes working with issues connected to such statutes as the Clean Water Act (CWA); Clean Air Act (CAA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Resource Conservation and Recovery Act (RCRA); Toxic Substances Control Act (TSCA); Emergency Planning & Community Right-to-Know Act (EPCRA) and analogous state laws. She previously worked with the U.S. Fish and Wildlife Service and for a natural resources nonprofit organization that partnered with the U.S. Forest Service and the U.S. Geological Survey at Mount St. Helens. As part of her pro bono practice, she helped to establish the Center of Excellence for immigration representation in Oregon, and she earned a 2017 Pro Bono Champion Award from the nonprofit organization.

Sarah R. Liljefelt

Attorney at Dunn Carney LLP in Portland, OR

Ms. Liljefelt is a partner and the managing attorney at Schroeder Law Offices’ Portland, Oregon office. She joined Schroeder Law Offices in 2009 and graduated from Lewis & Clark Law School with an Environmental & Natural Resources certificate. Ms. Liljefelt represents water users in the West, focusing her practice on water rights review, evaluation, due diligence, permitting, transfer, forfeiture and cancellation, water-related real property and public lands issues and disputes, administrative contested cases, and state and federal litigation. She is licensed to practice law in Oregon, California, and Utah. Ms. Liljefelt is the chair of the Oregon Cattlemen’s Association’s Water Resources Committee, the former chair of the Oregon State Bar’s Environmental & Natural Resources Section’s executive committee, and serves on the Bar’s Agricultural Law Section executive committee. She enjoys cooking, kayaking, and camping with her family, and competitively races outrigger canoes with the Mountain Home Canoe Club.

Kate Moore

DUNN CARNEY LLP

Kate L. Moore is an attorney with Dunn Carney LLP. Ms. Moore’s practice focuses on natural resource and environmental law. The primary focus of her practice is in water law, in both transactional matters and litigation. In addition, she advises clients on matters regarding environmental compliance, environmental liabilities in property transactions, environmental cleanup and cost recovery, natural resource damages, wetlands, and public land permits and licenses. Ms. Moore has represented a broad range of clients including farmers, ranchers, ditch companies, commercial land owners, and homeowners associations. She also leads Dunn Carney’s Sustainability Team and is a LEED Green Associate. Ms. Moore is also a regular contributor to Dunn Carney’s Natural Resources Updates.

Sommer Moser

Oregon Department of Justice

Sommer Moser is an assistant attorney general with the Oregon Department of Justice, General Counsel Division, Business Activities Section, where she has extensive experience working with the Oregon Public Utility Commission. She is a graduate of the University of Texas at Austin and the University of Oregon School of Law.

Irion A. Sanger

Partner with Sanger Greene PC, in Portland, OR

Mr. Sanger’s legal and consulting practice focuses on energy, administrative, and public utility law. He represents energy trade associations, municipalities, electric cooperatives, irrigation districts, end-use industrial and commercial consumers, investor owned natural gas and water utilities, and renewable and cogeneration electricity producers. Mr. Sanger advises hydro, biomass, geothermal, wind, solar, cogeneration, and other electricity generators on a wide variety of transactional matters, including negotiating power purchase agreements, interconnection agreements, wholesale power sales, resource development and sales, and other matters. He has a lengthy background representing end[1]use industrial, commercial, and irrigation customers in all facets of retail rates and service quality. Mr. Sanger represents clients in energy and utility matters before state and federal courts, state public utility commissions, the Federal Energy Regulatory Commission, and the Bonneville Power Administration. Mr. Sanger is also an adjunct instructor at Lewis and Clark Law School, and in Portland Community College’s Paralegal Program. Mr. Sanger graduated from Lewis and Clark Law School in Portland, Oregon in 2000 with cum laude honors and an Environmental Law Certificate, and from World College Institute of New College of California in 1995 with a bachelor’s degree in the Humanities with an emphasis in International Environmental Studies.

Anzie St.

Larkins Vacura Kayser LLP

Anzie St. Clair is an attorney at Larkins Vacura Kayser LLP, having recently transitioned to private practice from her role as in-house counsel at the Port of Portland. Her practice includes regulatory compliance, defense, cost recovery, and remediation under state and federal environmental laws such as the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”). She also advises clients on real estate transactions and disputes, land use, and civil litigation, as well as public records law. While at the Port, Ms. St. Clair’s work centered on the many aspects of Portland’s Harbor, including riparian property boundaries and in-water and nearshore construction projects.