Training Course Syllabus:
Get the Tools You Need to Successfully Tackle Challenging Water Law Cases
The fight for "liquid gold" is getting ugly. With developers, government officials, energy companies, tribal leaders, utility companies, farmers and others putting water in their crosshairs, more and more attorneys are taking on these complicated cases. This focused legal program is packed with the latest and greatest legal strategies for protecting your client's water rights and use. Whether you're an experienced water law attorney or new to the practice area, this program will provide you with practical tools to tackle water law cases. Register today!
- Gain the tools you need to handle evaluation, development, adjudication, legislation and acquisition of water rights.
- Get the fundamentals of water law down, learn critical terminology and find out how to simplify the adjudication process.
- Hear the most recent case law, review recent legislative updates and understand the interaction between federal, state and local water law regulations.
- Learn how to evaluate water rights, what evidence you need to look for, where to get it and how to apply it to litigation.
- Discover real-world techniques for handling leasing, modification, exchange, transfer, purchase and sale of water rights.
- Find out practical strategies for handling ownership and lease disputes, condemnation disputes, easement challenges and application disputes from experienced attorney faculty.
- Examine emerging hydraulic fracturing, tribal and geothermal water law issues.
- Overcome ethical challenges of representing more than one client in a river system.
- PRIOR APPROPRIATION WATER LAW MADE SIMPLE
9:00-9:45, Charles T. DuMars
- Water Law Fundamentals - A Brief Overview
- Determination/Allocation of Water Rights
- Water Law Terminology for Attorneys
- Overview of the Administrative System
- Visual Aids of State Water Bodies, Rivers and Streams - What Water is Being Disputed and Why
- LEGISLATION, REGULATION AND CASE LAW UPDATE
9:45-10:30, Charles T. DuMars
- State and Local Water Law Update
- Federal Legislation and Regulations
- Federal, State and Local Regulations and Compliance Update
- Recent Case Law
- WATER RIGHTS EVALUATIONS
10:45-11:30, Jennifer A. Clements
- Determining Validity/Ownership and Due Diligence Reviews
- Title and Survey Reviews
- Expert Witness Tips - Consulting with a Water Resources Engineer and Other Water Experts
- Applying Hydrology, Groundwater Modeling and Nanotechnology to Litigation Strategies
- Proving How Much Was Used, How Much They Need to Use and When They Started Using it
- Determining Future Supply
- HANDLING THE APPLICATION, LEASE, TRANSFER AND SALE OF WATER RIGHTS
11:30-12:15, Susan Bisong
- Applying for Water Rights - From Basic to Complex
- Purchase/Sale of Water Rights
- Negotiating and Drafting Agreements
- Augmentation Plans and Appeals
- HANDLING WATER RIGHTS DISPUTES: ADJUDICATION PROCEDURES AND LITIGATION TIPS
1:15-2:15, Seth Fullerton
- The Adjudication Process
- Ownership Disputes
- Condemnation Disputes
- Lease Disputes
- Opposing an Application for New Water Rights
- Modification Disputes
- Easement Disputes
- CURRENT ISSUES, LEGAL CHALLENGES AND RECENT TRENDS
2:15-3:15, Jeffrey J. Wechsler
- Tribal Water Rights
- Hydraulic Fracturing- Water Use in the Oil and Gas Industries
- Current Water Quality Standards/Contamination Issues
- Drought Challenges
- Overcoming Ditch Company Challenges
- Local and Municipal Initiatives, Utilities and Development Projects
- ETHICS AND WATER LAW
3:30-4:30, Peter B. Shoenfeld
- Multiparty Representation and Ethical Challenges
- Compliance Issues, Risks and Ethics
- Replacement Plans and Reclamation: Avoiding Ethical Pitfalls