Water Laws and Regulations Seminar
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
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 – 4:30 pm
Complying with Water Quality Laws and Regulations
L. Smith
Development of water quality law in California
• Common law
• Porter Cologne Act
• Federal Clean Water Act , RCRA, Safe Drinking Water Act
Overlap of federal and state law
State Water Resources Control Board and regional water quality control boards
Waste discharge requirements/general orders
• Irrigated lands program
• Dairy/heifer general order
State board policies
• Non-degradation policy
• Sources of drinking water policy
Basin plans
• Current developments with basin amendments
• C.V. Salts
Enforcement
• State Water Board enforcement policy
• Procedures
– Clean up and abatement orders
– Hearings before the boards
– Administrative civil liability complaints
– Appeals
• Recent developments
Storm water regulations
Public water supplies and wells
• Current issues – TCP
Proposition 65
Understanding California Groundwater Rights
R. Masuda
The groundwater regulatory landscape post-SGMA – Overview, issues, and perspectives
Sustainable Groundwater Management Act versus your groundwater rights
Types of groundwater rights
Groundwater rights priorities
How groundwater rights are determined; documenting what you pump
Groundwater credits for using surface water in-lieu of pumping groundwater
Understanding California Surface Water Rights
S. Bivins/A. Williams
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
The Physical Waterscape – Management and Planning
P. Hubbard
Surface water resources
Groundwater resources
Flood and water supply management
Regulators and stakeholders
Technical developments and challenges
Effects of climate change on management strategies
Regional Water Issues Update and Current Issues
with the Clean Water Act
S. Warner
California watersheds
Regional initiatives
Ethical Issues in California Water Law
J. Buckman
Overview of California’s new rules of professional conduct on conflicts,
multi-party representation, and screening
Ethical issues for lawyers when the firm serves as general counsel
Ethical issues for lawyers in water transactions
Ethical issues for water litigators
Credits
California Attorneys
6.5 CLE Hours (1.0 Ethics Hour)
Professional Engineers
6.5 Continuing Ed. Hours
Floodplain Managers
6.5 ASFPM CECs
Geologists
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public It is open to the public and offers 6.5 CLE hours, including 1.0 ethics hour, to California attorneys. HalfMoon Education is an approved CLE provider in California (Provider No. 8370).
This course offers a 6.5 hour continuing education opportunity to California professional engineers, geologists, and floodplain managers. Continuing education is not required for license maintenance or renewal in California. Those seeking continuing education credit in other states will be able to apply the hours earned at this event, in most cases. Refer to specific state rules to determine eligibility.
The Association of State Floodplain Managers has approved this course for 6.5 CECs for certified floodplain managers.
Attendance will be monitored, and 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
Samuel Bivins
Downey Brand LLPDowney Brand LLP, Sacramento
Mr. Bivins represents private and public agency clients in a broad range of matters, including Endangered Species Act litigation, groundwater rights litigation, CEQA litigation, and other matters in which water supply issues are implicated. He also advises clients regarding riparian rights, Proposition 218, the Sustainable Groundwater Management Act, and cultural resources issues implicating Native American tribal concerns.
Jennifer Buckman
Bartkiewicz, Kronick and ShanahanBartkiewicz, Kronick and Shanahan, Sacramento
Ms. Buckman has more than 20 years of experience representing public agencies and private clients on water and land use issues involving the federal and state Endangered Species Acts, federal reclamation and other water supply laws, and the California Environmental Quality Act and the National Environmental Policy Act. She also has extensive administrative law experience and has negotiated complex matters with regulatory agencies such as the United States Bureau of Reclamation, State Water Resources Control Board, U.S. Fish and Wildlife Service, Department of Fish and Wildlife and the Department of Conservation. Before joining Bartkiewicz, Kronick and Shanahan, Ms. Buckman served as the in-house general counsel for Friant Water Authority, a joint powers agency that delivers water to over one million acres of highly-productive irrigated farmland on the east side of the southern San Joaquin Valley. Prior to joining Friant, she was in private practice for 16 years, where she represented clients in matters concerning a host of environmental and public law issues.
Patrick Hubbard
Aqueous Pathfinding, IncAqueous Pathfinding, Inc, Oakland
Mr. Hubbard is a principal with Aqueous Pathfinding, Inc. and a consulting principal to Langan. He has 30years of professional experience performing and managing environmental projects, particularly related towater supply and water supply wells. Mr. Hubbard has worked closely with regulatory agencies and attorneys,evaluated well operations and contaminant impacts, calculated contaminant transport and fate to watersupply wells and streams, evaluated potential impacts relative to water supply reservoirs, and directed aquiferanalysis and field testing. He also provides expert witness testimony and litigation support. Clients includewater districts; local governments; law firms; and the semiconductor, steel, petrochemical, and transportationindustries.
Roger K. Masuda
Griffith, Masuda & Hobbs
Mr. Masuda has 45 years of California water and public law experience. After graduating from UCLA and UC Davis Law School, he served four years as an Army JAG attorney. Griffith, Masuda & Hobbs, founded in 1920, is general counsel to six water agencies and special counsel to three water agencies. The agencies are located in eight different counties from Butte to Monterey. The firm is also general counsel to two electric generation joint powers agencies and a mosquito abatement district. The firm advises clients on SGMA, including GSA administration, water rights, groundwater sustainability plans, and groundwater recharge projects. Mr. Masuda is a long-time member of the Legal Affairs Committee of the Association of California Water Agencies and is a member of the GRACast subcommittee of the Groundwater Resources Association of California. He farmed almonds and raisins in Merced County, conjunctively using surface water and groundwater.
Lee Smith
Coleman & Horowitt, LLPColeman & Horowitt, LLP, Fresno
Mr. Smith is a partner in the litigation department of the Coleman & Horowitt’s Fresno and Sacramento offices, and is heading the firm’s Environmental Department, where he provides representation to clients in the areas of environmental law compliance and litigation, the California Environmental Quality Act (CEQA), land use, Proposition 65, and water law and litigation in the Central Valley. His experience includes air quality and hazardous materials compliance, food safety, and water quality at both the federal and state levels. Mr. Smith has handled cases involving the EPA, Cal-EPA, the Central Valley Regional Water Quality Control Board, CalRecycle, the San Joaquin Unified Air Pollution Control District and other environmental agencies. He has also been involved in federal litigation involving the Clean Water Act (CWA), the Clean Air Act (CAA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA) as well as state court litigation concerning pesticide contamination, CEQA and Proposition 65.
Scott D. Warner
Scott D. Warner, PG CHG CEG
Principal Hydrogeologist/California – US West Regional Leader, BBJ GROUP
Mr. Warner is a principal hydrogeologist and regional leader for BBJ’s California and Western US business. His 30-plus years of experience as a consulting hydrogeologist and subject matter expert in innovative groundwater remediation methods has included multi-discipline projects and clients including industrial manufacturers, mining and energy assets, agriculture and recreation sites, government and legal services. Mr. Warner has a particular expertise with passive and sustainable groundwater remedies, having been a designer for several “first-in-the world” in situ systems and is a frequent speaker and lecturer to both national and international professional and academic audiences on this topic. He has also provided expert witness services for numerous cases both domestic and international.
Anne Williams
MBK EngineersMBK Engineers, Sacramento
Ms. Williams is a registered civil engineer in the State of California. She has five years of experience in the area of water resources engineering, working in the Water Rights Group at MBK Engineers. She specializes in research, analysis, documentation, and accounting of water supply and use. Ms. Williams is also involved with preparation of water management plans, Bay-Delta activities, water supply forecasting, water transfers, and preparation of expert witness testimony. She has gained extensive knowledge of the Sacramento River system through preparation of the Sacramento River Settlement Contractor’s Regional Water Management Plan, assisting the U.S. Bureau of Reclamation with drought operations, and conducting various field visits to measure groundwater levels and certify measurement equipment. Ms. Williams holds a BS degree in Agricultural and Biological Engineering from the University of Illinois, Urbana-Champaign.