Agenda

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

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

Wednesday, January 24, 2024
 
8:30 am – 4:30 pm MST

 

Understanding Montana Surface Water and Groundwater Rights
Presented by: B. Story

  • Use of Montana’s water:
    • Public waters, private rights and prior appropriation
  • Surface water rights:
    • Regulation of surface waters
    • Obtaining new surface water rights
    • Amending existing surface water rights
    • Current issues in surface water rights
  • Groundwater rights:
    • Regulation of groundwater rights
    • Obtaining groundwater rights
    • Current issues in

Water Well Drilling Laws and Regulations
Presented by: A. Robinson

  • Licensing compliance
  • Well drilling construction standards

Managing Finite Water Resources
Presented by: D. Stephenson

  • Historic usage and current trends
  • New appropriations and mitigation for new water uses
  • Variations in various parts of the state – open vs closed basins, regional specifics/issues
  • Water right transfers including leases and sales to meet mitigation and/or new water use needs
  • Ideas from other states on meeting mitigation needs and planning for new uses

Agricultural Water Use
Presented by: P. Taylor

  • Wells for agricultural use
  • Irrigation law
  • Water quality and agricultural runoff
  • Groundwater impacts

Key Water Quality Legislation Passed (2023 Session)
Presented by: A. Knuteson

  • Overview of MDEQ rulemaking efforts and key changes
  • Water quality-related case law update

Clean Water Act-2023 Wetlands Updates
Presented by: L. Guercio

  • Review of Sackett v. EPA case and implications for CWA 404 jurisdiction
  • USACOE and EPA’s new rule for wetlands promulgated recently under Water of the
    United States (WOTUS) Rule and related litigation, including by State of Montana,
    against EPA related to 2023 WOTUS Rule’s implementation

 

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

Engineers
7.0 PDHs

Geologists
7.0 Hour Learning Opportunity

Attorneys
7.0 General Credits (MT) 

APA/AICP - American Planning Association/American Institute of Certified Planners
7 CM

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 7.0 PDHs for professional engineers in Montana for whom this subject matter is professionally relevant.

The Montana Board of Professional Engineers and Professional Land Surveyors does not pre-approve continuing education activities.

This webinar provides a 7.0-hour learning opportunity to geologists in Montana.

This webinar has been approved by the Montana Commission of Continuing Legal Education for 7.0 General Credits. 

HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 7 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

Lara D. Guercio

Crowley Fleck Attorneys PLLP, Bozeman

Ms. Guercio is senior counsel in Crowley Fleck’s Bozeman office. She is a member of the firm’s Environmental & Energy Practice Group, and her environmental practice includes environmental litigation, permitting and compliance work, as well as CERCLA/Superfund, natural resource damages, and Clean Water Act related issues. Ms. Guercio has worked on renewable energy development matters, as well as public utility infrastructure upgrades and transmission line developments. She is a member of the firm’s Commercial Department. Her commercial transactions practice focuses on general commercial real estate matters, including acquisitions/dispositions, development, financing, land use and leasing. Ms. Guercio received her Master of Laws (LL.M.) degree in Environmental Law, summa cum laude, in 2010 from Vermont Law School. While at Vermont Law, she was a research fellow, published several law review articles and earned several academic excellence awards. Ms. Guercio received her J.D. degree, cum laude, in 2008 from the University of Michigan Law School. She holds an Environmental Studies degree from Middlebury College and worked as an environmental scientist for several years before attending law school. Prior to joining Crowley Fleck, Ms. Guercio was an associate in the Boston office of Goulston & Storrs.

Amanda R. Knuteson

Knuteson Law, PLLC, Bozeman

Ms. Knuteson has worked in a variety of land use and conservation-oriented positions in the Rocky Mountain west for more than 23 years, including a collaborative National Park Service/US Forest Service archaeological internship where she served as a surveyor/topographical and vegetative mapper, followed by years-long internships with a Bozeman-based consulting engineering and land development firm and a Bozeman-based law firm where she researched and performed extensive document review on toxic tort claims related to tetrachloroethylene pollution in the Yellowstone River. Ms. Knuteson earned her JD degree from University of Montana School of Law in 2012. During law school Ms. Knuteson worked on Missoula County’s comprehensive zoning update and various land trust and conservation matters through the Land Use Clinic and performed in-depth water rights and water quality permitting research through summer internships. Ms. Knuteson also began her 6-year tenure with a Missoula-based environmental law firm, first as a law clerk, then as co-counsel, where she gained valuable experience representing local, state and national environmental law groups and individuals challenging agency actions related to projects with potential significant impacts to water quality and water rights, including water-related nuisance and trespass claims. Ms. Knuteson’s current practice focuses on assisting Montana businesses and property owners with land use and permitting issues through comprehensive due diligence research services, regulatory compliance guidance and also general day-to-day business, contract and transactional matters. Ms. Knuteson serves as chair of the Montana Water Pollution Control Advisory Council (WPCAC), a statutorily-authorized group representing a diverse array of interests across Montana that serves in an advisory capacity to MDEQ.

Art Robinson

Montana Deptartment of Natural Resources and Conversation

Mr. Robinson was born in Wyoming, and at a young age, his family moved to Utah. He spent his summers working on various ranches in Southwest Wyoming and attending high school in Utah during the winters. He has worked various jobs which include mining, logging, and communications. He worked for a consulting firm doing work in the coal bed methane arena which included sampling and inspecting water wells that are located near methane wells. He graduated from Montana State University-Billings with a BA degree in Environmental Studies. Mr. Robinson has been the program manager for the Montana Board of Water Well Contractors for 16 years.

Deborah Stephenson

DMS Natural Resources, Bozeman

Mrs. Stephenson founded DMS Natural Resources in 2011. DMS is an advisory firm specializing in water right management, water right technical services, water valuation, water investment advisory, and water transaction services. Mrs. Stephenson manages large water right portfolios across the Western United States for which she provides water right database and inventory management, historical research and document interpretation, GIS mapping and aerial photo interpretation, change application and permitting services, adjudication support, due diligence in property transactions, and expert witness support in water right lawsuits. Mrs. Stephenson also has 15 years of experience helping entities across the western United States acquire or sell water assets. From identifying water assets suitable for purchase, to negotiating terms, and through the administrative permitting process, Mrs. Stephenson helps clients navigate the entire water right transactional process. An in-depth technical understanding of water rights combined with a business and economics background makes Mrs. Stephenson one of the country’s leading experts in water valuation and water investment advisory. Mrs. Stephenson maintains detailed water market transaction data and performs water valuations based on multiple valuation techniques. Lastly, Mrs. Stephenson advises investors in making decisions regarding water-related investments. Prior to forming DMS Natural Resources LLC, Mrs. Stephenson worked as a senior associate at WestWater Research (WWR). While at WWR, she worked on a variety of projects including water right appraisals, market research reports, water investment due diligence and water right portfolio management. At WWR, Mrs. Stephenson managed projects and teams of Associates. Mrs. Stephenson graduated with a BS degree in Agricultural Business and Economics from the Montana State University in 2001 and a Master’s of Business Administration from Stanford Graduate School of Business in 2005.

Betsy Story

Parsons Behle & Latimer, Helena

Prior to joining Parsons Behle & Latimer, Ms. Story worked as an associate attorney at the Bloomquist Law Firm, P.C. for three-and-a-half years, serving clients across the state of Montana in Water Court, State District Court and Federal Court. Ms. Story received her J.D. degree from the University of Montana School of Law in 2019. During her time as a law student, Ms. Story served as president of the Federalist Society Student Chapter and was the recipient of the Dean of Students Award for Highest Academic Achievement in Land Use & the Environment. Ms. Story holds an undergraduate degree in Political Science with minors in Russian and Arabic Studies. She often returns home to Emigrant, Montana, to help on her family’s cattle ranch and enjoys rafting, long distance running and skate skiing, and mountain lion hunting.

Peter Taylor, Ph.D

Director at the National Concrete Pavement Technology Center, Iowa State University

Dr. Taylor leads internationally recognized research at the National Concrete Pavement Technology Center. His high-impact work has resulted in the development of standard practices such as AASHTO PP 84: Developing Performance Engineered Concrete Pavement Mixtures. Additionally, his research has helped transportation agencies save millions of dollars by preventing premature failures in sawn joints and improving concrete proportioning tools for sustainable concrete mixtures. Dr. Taylor regularly presents at workshops, seminars, and conferences as an invited speaker, where the information he presents about the current research in concrete technology has a strong impact on the concrete pavement community in the United States and internationally.