Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:00 pm

Lunch (On your own):       12:00 – 1:00 pm

Afternoon Session:           1:00 – 5:30 pm

Regulation, Creation, and Operation of MUDs, SUDs and Other Special Districts         P. Haag, M. Johnson

   Methods of creation

   Operation

   Regulation including rules and annual filing requirements

Water Issues in Oil and Gas Production         A. Brister

   Access and source of water

   Regulatory landscape

   Disposal

   Alternatives and recycling

Texas Water Law Overview         R. Johnson

   Groundwater regulation

      • Groundwater Conservation Districts

      • Exemptions from permitting

   Surface water

      • Regulation by TCEQ

      • Exemptions

   Diffused surface water

Complying with Storm Water Quality Protection and Application of Clean Water Act to         M. Johnson
Construction and Development Activities

   Overview of state and federal water quality regulations

   Storm water regulations

   Discharge permits

Issues Related to Water and Sewer Utility Regulation         P. Haag, M. Johnson

   Why and when certificates of convenience and necessity (CCN) are necessary

   CCN legislative adjustments regarding property rights

   Impact fees: you get what you pay for – maybe

   Sales and transfers of utilities and CCNs

Ethical Issues in Water Law and Regulation         R. Johnson

   Who is the client

   Confidentiality

   Conflicts of interest

   Issue conflicts

Developments in Water Law         R. Johnson

   Groundwater regulation/takings claims

   Expanding groundwater district jurisdiction

   Application of oil and gas law to groundwater

   Surface water curtailment

   Application of the Endangered Species Act to water use

Credits

Attorneys

     7.5 Texas CLE Hours (1.0 Ethics)
     7.5 Legal Specialization Hours in Real Estate Law

Texas Engineers & Geologists

     7.5 PDHs (1.0 Ethics)

Texas Paralegals

     7.5 TBLS Real Estate Law

Continuing Education Credit Information

This seminar is open to the public. The State Bar of Texas has approved HalfMoon Education as an MCLE provider. This event provides 7.5 CLE hours, including 1.0 ethics hour, for attorneys. The TBLS has approved 7.5 attorney specialization hours in the areas of Real Estate Law for attorneys and paralegals.

This seminar offers 7.5 PDHs, including 1.0 ethics hour, to Texas engineers and geologists, to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Texas.

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

Austin Brister

Attorney with McGinnis, Lochridge & Kilgore, L.L.P. in HoustonMr. Brister practices oil and gas law on behalf of oil and gas exploration and production companies, service companies, and landowners. His litigation practice includes title disputes, lease termination and perpetuation, contract matters, and royalty calculation issues. Mr. Brister’s recent deals include multi-well farmout agreements, package deals involving $30 million in producing assets, and due diligence review for multi-jurisdictional acquisitions in excess of $2 billion in total allocated value. He is the lead author and editor of OilandGasLawDigest.com, where he and other McGinnis Lochridge attorneys have attracted a loyal following of more than 2,000 in-house attorneys and landmen.

Philip Haag

McGinnis, Lochridge & Kilgore, L.L.P.

Partner with McGinnis, Lochridge & Kilgore, L.L.P. in AustinMr. Haag concentrates his practice on a wide range of water and wastewater utility service and entitlement matters. He represents various utilities (water districts, water supply corporations and the like) that provide water and wastewater service and developers seeking water and wastewater service from utilities. Mr. Haag also represents commercial, industrial and municipal clients before the Texas Commission on Environmental Quality (TCEQ) in environmental permitting and enforcement actions. He handles all variants of water and wastewater utility matters including surface water and groundwater permitting, water rate proceedings, water supply contracts and the acquisition of water and wastewater service for development. Mr. Haag is also a trained mediator who uses those skills on a routine basis. He has been listed in The Best Lawyers in America® in the field of Environmental Law – Water Rights since 2006.

Morgan Johnson

McGinnis, Lochridge & Kilgore, L.L.P.

Attorney with McGinnis, Lochridge & Kilgore, L.L.P. in AustinMs. Johnson handles a broad practice of administrative law with a focus on water, environmental, and energy matters. Prior to joining the firm she worked as an attorney for the Executive and Legislative Division of the Texas Governor’s Legislative Office. In the office of the governor, Ms. Johnson analyzed and researched legislation concerning water issues and provided summaries on legislation covering state and local issues. In addition, she conducted state budget research. Ms. Johnson received her J.D. degree, magna cum laude, from South Texas College of Law.

Russell Johnson

McGinnis Lochridge

Partner at McGinnis Lochridge
Mr. Johnson has a multifaceted water law practice, with an emphasis on matters involving land use, water rights and the Endangered Species Act (ESA). His clients are generally landowners, industries, mineral owners and developers seeking to acquire, safeguard, develop or convey water resources. Formerly, he represented a large municipal water system in a variety of matters, including legislative efforts to create the Edwards Aquifer Authority and to modernize Texas water law. He is a board member of the Center for Water Law and Policy at Texas Tech University School of Law, as well as an adjunct professor at Texas State University teaching water policy.