Agenda

Thursday, September 24, 2020

Webinar instructions will be emailed before the date of the webinar.

 
Log into Webinar:                8:00 – 8:30 am CDT
Morning Session:                8:30 – 11:40 am CDT
Break:                                11:40 am – 12:10 pm CDT
Afternoon Session:             12:10 – 3:50 pm CDT

Development of Water Laws: Quantity and Usage
Presented by E. Swaim

Development of the Arkansas common law of water rights
Arkansas statutory and regulatory limits on the exercise of water rights
Arkansas water quantity regulations
Arkansas water plan
Role of the Arkansas water districts
Reserved federal rights
Levee issues

 

Understanding Arkansas Groundwater Rights
Presented by E. Swaim

Ownership of groundwater
Arkansas regulation of groundwater rights
Obtaining groundwater rights
Critical groundwater areas
Current issues in groundwater rights
Arkansas water well drilling regulations

 

Complying with Water Quality Laws and Regulations
Presented by J. Wimpy

Arkansas and federal water quality regulations
• Revisions to Definition of Waters of the United States
• Water quality trading • Nutrient/phosphorus issues
• 401 water quality certification 
Stormwater regulations
Sewerage regulations
404 Wetland Program developments

 

Transfer/Sale of Water/Water Project Development Issues
Presented by W. Wright Jr.

Key agreement terms
Types of agreements
Endangered Species Act issues/developments
National Environmental Policy Act issues/developments
Key water project/treatment contract issues
EPA water transfer rule
Utility service areas

 

Financing Water/Wastewater Projects
Presented by M. Allgood/J. Bryant

Capital planning and infrastructure
Infrastructure identification
Project identification – what can be nanced and how
Initial steps including required approvals
The bond marketing and closing process
Post-closing issues
Post-issuance compliance

 

Water Ethics – Environmental Context
Presented by S. Spencer

Ethical issues in water use
Ethical issues in real estate development
Ethical issues in water transactions

 

 

 

Webinar Instructions

All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements: 
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection:
 Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

 

Credits

Attorneys
6.5 Arkansas CLE Hours
(1.0 Ethics)

Professional Engineers
6.5 PDHs (1.0 Ethics)

AICP Certified Planners
CM 6.5

Geologists
Non-Credit Continuing Ed.

Speakers

Michele Allgood

Mitchell, Williams, Selig, Gates & Woodyard

Michele Simmons Allgood is an attorney at the law firm of Mitchell, Williams, Selig, Gates & Woodyard. She has over 20 years of municipal finance experience. Ms. Allgood has extensive experience in all areas of municipal  finance, including bond counsel, underwriter’s counsel, issuer’s counsel, trustee’s counsel and borrower’s counsel. Clients for whom Ms. Allgood has provided assistance include state agencies, cities, counties, facility boards, and commissions.
 

John Bryant

Bryant Consultants, Inc.

Dr. Bryant is president and CEO of Bryant Consultants where he leads a unique and diverse team of professional engineers, geoscientists and technicians that have been assembled with one goal in mind–providing the most accurate representation of the earth-structure system to clients. He has more than 20 years of experience in solving soil/structure interaction problems involving natural and man-made influences. Dr. Bryant’s academic background is in the earth sciences and engineering, and includes engineering geology (BS degree -Texas A&M University), geography (MS degree -Texas A&M University), geographic information systems, geophysics and engineering (BS and PhD degrees in Civil Engineering -Texas A&M University).Dr. Bryant is a registered and licensed professional engineer (P.E.) in Texas, New Mexico, Louisiana, North Carolina, Arkansas, Colorado, Arizona, Tennessee, Utah and Florida; a registered professional geologist (P.G.) in Mississippi and Kansas; a registered professional geoscientist (P.G.) in Texas and Tennessee; and a certified professional geologist (CPG) in the American Institute of Professional Geologists. He is also the owner of Earth Systems Technologies, Inc. Dr. Bryant has worked on and supervised hundreds of projects ranging from tunnel excavations and rock-bolting designs, to multi-story towers, and embankment analyses involving slope stability issues. He is the author of a patented process using electrical resistivity imaging called GMMIR, and he has been involved in providing solutions for hundreds of forensic investigations involving expansive soils, collapsible soils, perched water tables, delineation of sources of moisture, and cause-and-effect relationships between the earth and man’s structures using unsaturated soil mechanics, soil dynamics concepts and diverse geophysical and analytical methods.

Stuart Spencer

Stuart Spencer focuses his practice on environmental, energy, and natural resources issues. He served in various legal and managerial positions at the Arkansas Division of Environmental Quality (DEQ) for roughly 10 years. At DEQ, he served as the Office of Air Quality (OAQ) associate director. In his role as OAQ associate director, he was the senior manager of major Clean Air Act programs including implementation of the National Ambient Air Quality Standards, Title V and New Source Review permitting, the Clean Power Plan and its successor, the Affordable Clean Energy Rule, and Regional Haze. He also served as DEQ’s legal policy advisor and as general counsel and served as an attorney in DEQ’s O ice of Law and Policy. He applies his broad experience as an environmental regulator to advise industry clients on a wide range of complex legal issues. Mr. Spencer earned his Juris Doctor from the University of Arkansas at Little Rock William H. Bowen School of Law, and received his Bachelor of Arts in Political Science from Harding University. He is a former president of the Association of Air Pollution Control Agencies and is a member of the American, Arkansas and New York Bar Associations.
 

Edward Swaim

Executive Director, Bayou Meto Water Management District

Mr. Swaim has served as Executive Director of the Bayou Meto Water Management District since April of 2019. The district was formed in 1991 to provide irrigation water, flood control, and wildlife habitat to over 750,000 acres in Lonoke, Jefferson, Prairie, and Arkansas counties. The project involves multiple federal, state, local, and private partners, and is currently under construction. Prior to working for Bayou Meto, he had been chief of the Water Management Division of the Arkansas Natural Resources Commission since October of 2010. A major achievement during Mr. Swaim’s time in the job was involving over 1,000 citizens to update the Arkansas Water Plan. Since completing the plan update, implementation has included better water use reporting and data on groundwater use and availability, formulation of several watershed management plans to reduce nonpoint source pollution, creation of a statewide drought planning workgroup, and building better relationships between agencies and with the public. Mr. Swaim was general counsel (2003 to 2010) and associate general counsel (1995 to 2001) for the Commission and an assistant attorney general (2001 to 2003). All three positions with the Natural Resources Commission included legal, data, policy, and programmatic support for the Bayou Meto project and its companion to the east, the Grand Prairie Area Demonstration Project. From 2001 to 2012, he served as a Judge Advocate officer in the US Army Reserve. He is also a member of the Plum Bayou Irrigation District board of directors. Plum Bayou distributes Arkansas River water to over 14,000 acres of farmland near England, Arkansas. Mr. Swaim is from England, Arkansas, in the Bayou Meto project area. He earned a bachelor’s degree from Hendrix College and a law degree from the University of Arkansas School of Law.

Jordan Wimpy

Mitchell, Williams, Selig, Gates & Woodyard

Jordan Wimpy is counsel with Mitchell, Williams, Selig, Gates, & Woodard, P.L.L.C., and a member of the law  firm’s Environmental Practice Group. His practice focuses on environmental, agriculture, energy, and natural resource issues. Mr. Wimpy regularly represents trade associations, utilities, and business clients in administrative rulemaking manners and all aspects of the environmental permitting, compliance, and enforcement processes. He studied law at Vermont Law School where he received both his juris doctor and Master of Environmental Law & Policy degrees with high honors. Mr. Wimpy is immediate past-chair of the Arkansas Bar Association’s Environmental Law Section. He currently serves as co-chair of the American Bar Association’s Section of Environment, Energy, and Resources, Agricultural Management Committee.
 

Walter Wright

Mitchell Williams

Mr. Wright practices in the areas of environmental, energy and water law. Prior to that, he served as assistant general counsel for the Petroleum Marketers Association of America in Washington, D.C., from 1985-1987 and on the minority staff of the United States House of Representatives, Energy and Commerce Committee in the mid-1980s. He has served as an adjunct professor at the University of Arkansas at Little Rock School of Law since 1989. Mr. Wright serves as general counsel to the Arkansas Oil Marketers Association, the Arkansas Recyclers Association and the Arkansas Manufactured Housing Association. He received his B.S. and J.D. degrees from the University of Arkansas and a Masters of Law from George Washington University in Washington, D.C. He has authored articles on a variety of environmental, energy and water law topics.

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