Washington Land and Water Law: Ownership and Access 2023
DISCLAIMER
Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
The automated email letting you know when your On-Demand package is available will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Friday, August 25, 2023
9:00 am – 4:30 pm PDT
Resolving Boundary Disputes
Presented by: Andrew M. McKenzie
- Types of boundary disputes
- Adverse possession, easements, boundaries
- Obtaining and reviewing boundary evidence
- Methods for establishing disputed boundaries
- Participating in dispute resolution techniques
- Litigation, arbitration, mediation, agreements, title insurance
- Examining boundary dispute case studies: exploring techniques for resolving sample disputes
Identifying, Classifying and Locating Private Easements
Presented by: James Garlant
- What is and is not an easement
- Reviewing Washington law on easements
- Identifying types of easements
- Creating easements
- Maintaining easements
- Knowing when and how to terminate easements
- Obstructing use of easements and determining remedies for obstruction
Defining Trespass and Adverse Possession
Presented by: Dave Bricklin
- Defining trespass
- Reviewing the history of adverse possession in Washington
- Maintaining a claim for adverse possession
- Statute of limitations
- Elements of a claim
- Defending against a claim for adverse possession
- Examining recent eminent domain cases
Understanding Access to Surface Water
Presented by: Bob Carmichael
- Historic water law and the prior appropriations doctrine
- Elements of a water right
- Water right permitting procedure
- Exempt wells
Understanding Groundwater Rights
Presented by: Catherine Moore
- Special kinds of water rights
- Loss of water rights
- Transferring and changing water rights
- Finding water for your project
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
Engineers
6.0 Hour Learning Opportunity
Land Surveyors
6.0 PDHs
Attorneys
6.25 MCLE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for up to 6.0 PDHs for professional land surveyors in Washington. The webinar also offers a 6.0-hour learning opportunity to professional engineers licensed in Washington.
This webinar (live format only) has been approved for 6.25 credits of Law & Legal Procedure credit by the Washington State Bar Association MCLE Board.
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
Dave Bricklin
Bricklin & Newman, LLPMr. Bricklin has extensive litigation experience representing environmental groups, individuals, municipalities, and Tribes in a wide variety of environmental and land use matters. He has argued the Methow Valley case in the United States Supreme Court and has made frequent appearances before the Growth Management Hearings Boards, Shorelines Hearings Board, and other judicial and administrative tribunals. Mr. Bricklin provides consultation services to municipalities in the development of land use regulations and comprehensive plans and defending municipalities when challenged by dissatisfied land use applicants. He assists environmental organizations in drafting legislation. Mr. Bricklin co-authored Model Toxics Control Act (State Superfund law) and Initiative 547 (precursor to Growth Management Act). Mr. Bricklin is the past president of Washington Environmental Council and past co-chair of Washington Conservation Voters. He is a founding member/board member, Futurewise (formerly 1000 Friends of Washington) (1991-2021). Mr. Bricklin formed Bricklin & Gendler partnership with emphasis on environmental and land use law in 1982 and formed Bricklin Newman Dold partnership in 2002. He is a frequent lecturer at continuing legal education seminars, including a presentation on land use law to the Washington State Appellate Judicial Conference.
Bob Carmichael
Carmichael Clark PSMr. Carmichael practices in land use planning and permitting, water law, municipal law, and real estate. He represents property owners, businesses, water and sewer districts, and municipalities on land use, water, real estate, and environmental issues. Mr. Carmichael is an experienced and creative problem solver, effective in litigation, and has a strong record of success in helping clients reach their objectives. He helps clients with transactions and in matters before city and county governments, hearing examiners, state boards, and in court. Mr. Carmichael joined the Whatcom County Prosecutor’s Office in 1984 where he served as a Senior Deputy Prosecuting Attorney in both the criminal and civil divisions, before joining Simonarson, Visser, Zender, & Thurston (a predecessor to Carmichael Clark) in 1992.
James Garlant
Foster GarveyMr. Garlant represents municipal, regional, and private clients in litigation proceedings involving diverse issues including contract disputes, condemnation, and matters of municipal code interpretation. He advises clients on land use, real estate, and environmental matters, providing transactional assistance related to contract drafting and due diligence review. Mr. Garlant assists clients in obtaining land use entitlements and other permits. He also has experience litigating federal natural resource matters, including disputes arising under the National Environmental Policy Act, the federal Endangered Species Act, and the National Forest Management Act. Mr. Garlant uses both science and the law to effectively advocate for comprehensive solutions for clients.
Andrew M. McKenzie
Beresford BoothMr. McKenzie is an experienced real estate and commercial litigator, assisting small businesses, individuals, and large institutional clients in Washington and California with a wide variety of litigation involving, inter alia, lien priorities, boundary disputes, real estate fraud, quiet title, easements, title insurance, adverse possession, construction defects, probate litigation and administration, and general business litigation. His Washington practice is geographically concentrated in Snohomish, King, Pierce, and Kitsap counties. As a licensed real estate broker in both Washington and California, Andrew is familiar with real estate transactions and disputes surrounding broker and escrow duties. Andrew has successfully won and defended against claims of up to $9M. He takes a pragmatic approach to all matters, recognizing that both litigation and settlement efforts must be tailored to both the facts and the amount in controversy. Before joining the firm in 2018, Andrew worked in the commercial litigation group of an AmLaw 100 firm. Outside of work, Andrew enjoys playing piano, singing, hiking, traveling abroad, and spending time with his large family. He has sung professionally and performed at Benaroya Hall in Seattle.
Catherine Moore
Carmichael Clark PSCatherine has been practicing in the areas of land use and real estate, municipal law, and water law since 2016. She advises cities, special purpose districts, developers, and individuals mostly in and around Whatcom, Skagit, San Juan, and Island Counties.

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