Agenda

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

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

Log into Webinar
8:30 – 9:00 am MDT
Morning Session
9:00 – 11:55 am MDT
Break
11:55 am – 12:25 pm MDT
Afternoon Session
12:25 – 3:50 pm MDT


Introduction to Utah Water Law                     J. Gittins

Prior appropriation doctrine
Basic legal principles of Utah water law
Elements of a water right
Abandonment and forfeiture

Securing and Preserving Title to Water Rights                     J. Gittins
Conveyance by deed, assignment and appurtenance
Reports of conveyance
Water right deed addendum
Water right title insurance

The Change Application Process                     B. Bingham
Change applications and exchange applications
Protesting applications
Administrative hearings and appeals

General Adjudications                     B. Jensen
Overview of general adjudication process
Resolving objections in district court
Status of pending general adjudications in Utah

Easements for Canals, Ditches and Pipelines                     N. Bracken
Establishment of easements for water facilities
Protection of easements
Relocation of easements

Water Conservation                     C. Hasenyager
Importance of water conservation
Utah Water Strategy Project
Regional water conservation goals

Water Banking                     E. Lewis 
Why water banking?
Water banking legislation
Status of water banking program in Utah

How to Protect Your Water Rights                     J.C. Smith
Beneficial use vs. waste
Inventorying and monitoring water rights
Forfeiture, abandonment and impairment
Nonuse applications


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

Utah Attorneys
 6.0 CLE Hours

Professional Engineers
6.0 PDHs
This seminar offers 6.0 CPE hours/PDHs to


Continuing Education Credit Information

This seminar is open to the public. The Utah State Board of CLE has approved this course for 6.0 CLE credits, including no Ethics credits and no Professional and Civility credits  for attorneys, which is pending.

This webinar offers 6.0 PDHs to Utah professional engineers. Educators and
courses are not subject to preapproval in Utah.

Engineers seeking continuing education credit in other states will be able to
claim the hours earned at this webinar, in most cases. Refer to specific state
rules to determine eligibility.

Completion certificates will be awarded to participants who complete this
event, respond to all prompts, and earn a passing score (80%) on the quiz
that follows the presentation (multiple attempts allowed).

Speakers

Blake Bingham

Assistant State Engineer over the Applications and Records Section at the Utah Division of Water Rights, Salt Lake City, UT
Mr. Bingham joined the State Engineer’s Office in July 2011 as a program manager – and subsequently assistant state engineer, responsible for directing the statewide adjudication efforts before shifting to his current position in May of 2020. Mr. Bingham earned his B.S. degree in Civil Engineering from the College of Engineering at Utah State University in 2003 and is a registered professional engineer in the State of Utah.

Nathan Bracken

Of counsel at Smith Hartvigsen

Previously, Mr. Bracken served as the assistant director and general counsel for the Western States Water Council, where he represented state water managers from Utah and 17 other western states on water policy issues. He is a graduate ofthe S.J. Quinney College of Law at the University of Utah. At Smith Hartvigsen, Mr. Bracken will practice in the areas of water law, natural resources, government law, public policy, and mediation and facilitation.

Jeffry R. Gittins

Partner at Smith Hartvigsen PLLC

Mr. Gittins practices primarily in the area of water law. He assists governmental entities, corporations, and private individuals in all aspects of water law, including water rights transactions, water rights analysis, water rights litigation, and applications with the Utah Division of Water Rights. Prior to joining Smith Hartvigsen, Mr. Gittins served as a clerk to the Honorable Justice Jill N. Parrish of the Utah Supreme Court.

Candice Hasenyager

Deputy Director of the Utah Division of Water Resources, Salt Lake City, UT
Ms. Hasenyager oversees the day-to-day operations including the Planning and Development branch, and the Water Conservation and Education section, and she is the Division’s legislative liaison. She has worked on water resource and planning projects for the last 13 years. Over her career, Ms. Hasenyager has been involved in surface water modeling, hydrology studies and municipal water demand projections. She graduated from the University of Utah with a bachelor of science and master of science degrees in Civil Engineering.

Ben Jensen

Assistant Utah Attorney General representing the Utah State Engineer in Water Right General Adjudications throughout Utah
Mr. Jensen holds a B.S. degree in Watershed and Earth Systems from Utah State University and was previously an employee in the Utah State Engineer’s Office working on Water Right General Adjudications. He attended law school in Salem, Oregon, graduating cum laude from Willamette University in 2012.

Emily E. Lewis

Director and Shareholder, Co-Chair of Natural Resources and Water Law Practice
Group with Clyde Snow in Salt Lake City, UT Ms. Lewis assists clients in navigating complex water problems. For her traditional law practice she represents a variety of clients from individual water right owners to large providers like water conservancy districts and municipalities. She is also rapidly building a well-regarded “water solutions practice” bringing a unique blend of water expertise to professional partnerships and project-based work. For more information, follow her weekly podcast – “Ripple Effect: Putting Water in Context.”

J. Craig Smith

Partner at Smith Harvigsen PLLC

J. Craig Smith has more than three decades of experience as an attorney, in which he has successfully handled a number of complex water disputes, land use disputes, takings claims, and other issues. He has argued over 30 appeals to the Utah Supreme Court. Mr. Smith has represented public and private parties in takings claims arising from land use decisions, represented numerous water users in successful settlement of instream flow claims on the San Rafael River, and won appeals for municipalities and water entities before the Utah and New Mexico Supreme Courts. His most notable projects include securing the water rights for Duchesne City through an act of Congress, successfully entitling and securing water rights for a multimillion-dollar resort in Kane County, and creating the first municipal natural gas utility in Utah.