Agenda

Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.

Thursday, July 27, 2023 
8:00 am – 3:15 pm (AZ Time)


Complying with Water Quality Laws and Regulations

Presented by: L. Decker 

  • Key compliance considerations 
  • Scope of state and federal water quality laws/regulations addressing groundwater, surface water, and  recycled water 
  • Current status of WOTUS definition 
  • New Arizona surface water protection program for “non-WOTUS” surface waters 
  • Stormwater permitting 
  • Groundwater permitting (APP) and standards (AWQS) 
  • Public water supply 

Understanding Arizona Surface Water Rights
Presented by: J. Burnside 

  • Types of surface water rights 
  • Prior Appropriation Doctrine 
  • Determination of appropriative rights 
  • Changes to appropriative rights 
  • Abandonment and forfeiture 
  • Surface water/groundwater interaction 
  • Current issues 

PFAS Water Regulations: What’s Here, What’s Coming
Presented by: J. Card 

  • Safe Drinking Water Act 
    • Fifth Unregulated Contaminants Monitoring Rule 
    • Proposed National Primary Drinking Water Regulation—MCLs for PFOA, PFOS, and four others
    • Potential Arizona Aquifer Water Quality Standards
  • Clean Water Act 
    • Biosolids management 
    • Aquatic life criteria development
  • Comprehensive Environmental Response, Liability, and Compensation Act
    • Proposed hazardous substances listings—PFOA and PFOS
    • Advanced Notice of Proposed Rulemaking—seven additional PFAS 

Understanding Arizona Groundwater Rights
Presented by: F. Breedlove and C. Dixon 

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

Understanding Groundwater: Its Occurrence, Connection to Surface Water, and Opportunities for Recharge
Presented by: J. McKenna 

  • Groundwater in Arizona 
    • Geology underpins groundwater occurrence 
    • Groundwater levels and trends
  • Groundwater – Surface Water Connection 
    • Baseflow 
    • Case study to evaluate shallow vs deep groundwater contribution to stream
  • Recharge and water balance 
    • Water sources (surface water, effluent, stormwater) 
    • Methods 
    • Case studies 

Inter-Jurisdictional Water Rights: Water for Tribes, Water for States, Water for Nations
Presented by: R. Larson 

  • Tribal water rights 
    • Overview of tribal water rights law 
    • An update on tribes and the Colorado River 
    • An update on tribes in Arizona general stream adjudications
  • Inter-state water rights in the Colorado River 
    • Overview of inter-state water law 
    • The law of the Colorado River 
    • Update on inter-state Colorado River dispute
  • International water rights between the U.S. and Mexico 
    • Overview of international water law 
    • International law governing U.S./Mexico hydro-diplomacy 
    • Desalination, Mexico, and the Colorado River 

 

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
6.0 CLE Hours

Certified Planners
CM|6

Professional Engineers
and Geologists
6-Hour Learning Opportunity

Architects
6-Hour Learning Opportunity

AIA
6.0 LU|HSW


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, geologists and architects.

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.

The American Institute of Architects Continuing Education System has approved this course for 6.0 HSW LUs (Sponsor No. J885). Only full participation is reportable to the AIA/CES.

HalfMoon Education is an approved Certification Maintenance 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. The following pre-approvals may be available for the on-demand format upon request:

6.0 HSW LUs (AIA)

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.

Joan Card

Attorney and Partner at Culp & Kelly LLP

Joan Card’s principal focus on water quality matters, including surface water quality standards and permitting, groundwater regulation and cleanup, and safe drinking water regulation and compliance. She advises and represents clients in permitting and enforcement actions under the Clean Water Act–including the section 402 (NPDES) and 404 (dredge and fill) permitting programs, the Safe Drinking Water Act. She has significant experience working with municipalities facing environmental legacy soil, ground, and source water impacts from industrial activity, ranging from century-old hard-rock mining impacts to more recent challenges resulting from the use of per- and polyfluoroalkyl substances, or PFAS. Joan advises clients and colleagues working to address the challenges and opportunities around water quality and water resource management, watershed health, and water infrastructure planning, finance, and development.

Her experience includes serving as an Assistant Attorney General in the Environmental Enforcement Section of the Arizona Office of the Attorney General where she represented the Arizona Department of Environmental Quality in administrative and other environmental enforcement litigation. She went on to serve as an Attorney Advisor in the Phoenix Field Solicitor’s Office of the U.S. Department of the Interior where she counseled the Bureau of Reclamation’s three Lower Colorado River offices on water and natural resource matters before serving as Director of the ADEQ Water Quality Division. Joan also has also managed the environmental regulatory affairs program for Park City, UT and served as a Senior Policy Advisor at the Region 8 Office of the EPA in Denver, CO.

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. 

Creighton Dixon

Attorney with Snell & Wilmer

Mr.Dixon along with his litigation practice, he advises clients on water law issues. This includes helping clients in various industries, ranging from developers to mines, with issues relating to water rights, supply and transfer.

Rhett Larson

Richard Morrison Professor of Water Law at Arizona State University’s Sandra Day O’Connor College of Law

Mr. Larson is a faculty fellow in the Center for Law and Global Affairs, and the Center for Law, Science, and Innovation. He is also a senior research fellow with the Kyl Center for Water Policy at ASU’s Morrison Institute for Public Policy. Professor Larson’s research and teaching interests are in property law, administrative law, and environmental and natural resource law, in particular, domestic and international water law and policy. 

Professor Larson’s research focuses on the impact of technological innovation on water rights regimes, in particularly transboundary waters, and on the sustainability implications of a human right to water. He works on dispute resolution and improved processes in water rights adjudications in Arizona and the Colorado River Basin with the Kyl Center for Water Policy. He is the Principal Investigator on a USAID-funded applied research project improving water supplies for refugee host communities in Lebanon and Jordan. Professor Larson was a visiting professor and Fulbright Scholar at the Pontifical Catholic University of Ecuador, a PLuS Alliance visiting fellow with the University of New South Wales in Sydney, Australia, a Lady Davis Fellow and visiting professor at the Hebrew University of Jerusalem. He is the author of Just Add Water: Solving the World’s Problems Using its Most Precious Resource (Oxford University Press, 2020).

Professor Larson also practiced environmental and natural resource law with law firms in Arizona, focusing on water rights, water quality, and real estate transactions.

Juliet McKenna, PG

Principal Hydrogeologist at Montgomery & Associates in Tucson, AZ

Ms. McKenna, PG is a principal hydrogeologist at Montgomery & Associates, a water resources consulting firm headquartered in Tucson. Juliet helps clients in the municipal, tribal, and nonprofit sectors navigate challenging waters through regulatory and policy guidance, water portfolio planning, and hydrogeologic investigations. She is a frequent speaker on Arizona water issues for community groups. She is a member of the City of Tucson Citizen’s Water Advisory Committee, Chair of the Water Resources Committee of AZ Water, co-founder of Arizona Water Professionals Appreciation Week, and a member of the Advisory Board of the University of Arizona Water Resources Research Center. 

AIA Info

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: Arizona Water Rights and Regulations

Delivery Method: Live Online

Course Description: This six-hour course explores federal and state (1) water quality laws and regulations, (2) surface water rights, (3) PFAS regulations, (4) groundwater rights, (5) groundwater science, and (6) inter-jurisdictional water rights in Arizona.

Learning Objectives:

Learning Objective 1:
Learners will be able to comply with state and federal water quality laws and regulations, such as the new Arizona surface water protection program, stormwater permitting, and groundwater permitting.

Learning Objective 2:
Learners will be able to explain different types of surface water rights in Arizona, including the prior appropriation doctrine and appropriative rights, and discuss the abandonment and forfeiture of rights.

Learning Objective 3:
Learners will be able to explore the current and developing PFAS regulations, primarily those found in the Safe Drinking Water Act, the Clean Water Act, and the Comprehensive Environmental Response, Liability, and Compensation Act.

Learning Objective 4:
Learners will be able to analyze the regulation, permitting, and ownership of groundwater rights in Arizona and understand its occurrence, connection to surface water, and opportunities for recharge.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: None

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 05/19/2026

Complaint Resolution Policy:

Complaints regarding this course can be emailed to fchapman@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.

USB MP4/PDF Price: $329.00