Agenda

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

Please log into the webinar 15 – 30 minutes before start time.

Tuesday, January 9, 2024
8:30 am – 4:00 pm MST

 

Groundwater Common Law
Presented by: J. Burnside

  • Doctrine of reasonable use
    • Nature of right to use percolating groundwater
    • Limitations on right
    • Transportation of groundwater
  • Doctrine of prior appropriation
    • Nature of right to use appropriable water
    • How right is acquired
    • Limitations on right
    • Comparison to reasonable use doctrine
  • The law of subflow
    • What is subflow?
    • Consequences of pumping subflow
    • Judicial development of subflow doctrine
    • Subflow zone
    • Cone of depression test
  • Federal reserved right to groundwater

Statutory Groundwater Management
Presented by J. Burnside

  • Groundwater Management Act of 1980
    • Active management areas
    • Irrigation non-expansion areas
  • Groundwater management
    • Groundwater rights
    • Groundwater management goals/plans
    • Conservation and management requirements
    • Underground water storage
    • Assured water supply
  • Rural groundwater overdraft
  • Legislative reform proposals

Groundwater Transportation Basins
Presented by: F. Breedlove

  • Arizona’s groundwater transportation basins
    • Big Chino
    • McMullen Valley
    • Harquahala
    • Butler Valley
  • Requirements for each basin (how the groundwater can be used)
  • Current and former proposed transportation projects
    • Big Chino
    • Harquahala
  • Butler Valley and conflict between farming, central AZ interests, and local concerns

Groundwater Quality and Contamination
Presented by: L. Decker

  • Threats to groundwater quality
    • Underground storage tanks
    • Industrial chemicals
    • Agricultural runoff
    • PFAS
    • Natural background
  • Recent incidents of contamination
  • Groundwater quality permitting/reviews
    • Arizona Department of Environmental Quality
    • Arizona Department of Water Resources
  • Strategies/programs for addressing groundwater pollution

 

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.

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Credits

Attorneys:
6.0 CLE Hours

Certified Planners:
CM|6

Engineers:
6-Hour Learning Opportunity

Geologists:
6-Hour Learning Opportunity

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 CLE hours for Arizona attorneys and offers a six-hour learning opportunity to Arizona engineers and geologists.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual CLE requirement for the State Bar of Arizona.

HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6 for Certified Planners.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.

Speakers

Fred Breedlove

Attorney at Snell and Wilmer in Phoenix, Arizona

Mr. Breedlove focuses his practice in environmental and natural resources. His previous experience includes managing the natural resource programs for the Arizona State Land Department, serving as legislative liaison for the Arizona Department of Water Resources, and as an attorney at Squire Patton Boggs. Mr. Breedlove has worked closely with ranchers and farmers to address resource management concerns including water availability, cultural resources, grassland restoration, invasive species, and environmental contamination. Mr. Breedlove has represented mining companies, land developers, private water and energy utility businesses, government agencies, and investment firms while in private practice, primarily on water resource planning and development matters.

John Burnside

Attorney at Snell & Wilmer LLP in Phoenix, Arizona

 Mr. Burnside covers water rights and water quality as part of a broad-based environmental and natural resources law practice at Snell & Wilmer. Mr. Burnside regularly counsels and represents significant water interests in the State of Arizona, with a particular focus on mining and energy. He has extensive experience litigating contested water rights claims in Arizona’s Gila River General Stream Adjudication, including multiple arguments and trials before the Special Water Master. Mr. Burnside has in-depth experience with the complex legal and technical issues surrounding Arizona water rights at the intersection between groundwater and surface water.

Lee Decker

Attorney and Shareholder with the law firm of Gallagher & Kennedy in Phoenix, Arizona

Mr. Decker represents mining and other industry sectors in Arizona (and surrounding states) with respect to various state and federal-based water quality and mine reclamation and closure programs, including the aquifer protection permit program, Arizona’s pollutant discharge elimination system permit program, impaired water determinations and listings, development and implementation of total maximum daily load requirements, development of surface and aquifer water quality standards, and state certification of federal water quality permits/approvals. He participates actively as a member of the Arizona Mining Association and Arizona Chamber of Commerce & Industry, and he lobbies federal and state governmental agencies on water quality statutory, regulatory, and policy-based issues to the benefit of industry in Arizona. He is a fifth generation native of Arizona, having spent his early years (until college) in the northeastern Arizona town of Snowflake while working on his parents’ farm and cattle ranch.