California Water Law & Policy

---

25th Conference Program! April 22-23, 2010 • Parc 55 Hotel • San Francisco

A

RGENT COMMUNICATIONS GROUP

Publications and Conference Programs for the California Water Bar since 1989

California Water Law & Policy California’s Changing Water Picture: Governance, Water Supply, Flood Control, and Climate Change Adaptation Water supply management and flood control have always been prime concerns in California’s water picture. This year, as always, we bring you the “big” topics affecting the state: analysis of the implications of the landmark legislative changes enacted last year, both immediate, and as they affect water law itself; renewed federal involvement in California’s water problems; and sessions on flood control, water transfers and conjunctive use, and the regulation of “new“ sources of water. These issues all take on an added importance as laws and regulations are formulated to take climate change into consideration. Since we first brought climate change issues into the picture at this conference three years ago, new investigative bodies and regulatory departments have been set up to project what “adaptive management” measures will be needed by California’s water community, and climate change issues are being factored into legislation, regulations and legal challenges that impact water. A day doesn’t go by without climate change in the news. This conference will bring you up to speed on how climate change is affecting California’s water picture, and what the future holds in this regard.

The only California Water Law & Policy conference that is produced in-state, with input from the Editors of the California Water Law & Policy Reporter— the in-the-trenches experts on these issues—and co-sponsored by many of the state’s top law firms.

Conference Co-Sponsors:

Of course, we also will present the most important updates in water law in California outside of climate change issues… so you get the best of both worlds. In addition to our distinguished Featured Speakers and Faculty of experts from our network of the state’s top law firms, you will gain practical insight from representatives from: California Assembly California Department of Water Resources California Natural Resources Agency California State Water Resources Control Board Central Valley Flood Protection Board City of West Sacramento Environmental Defense KP Public Affairs Metropolitan Water District of Southern California Natural Resources Defense Council Westlands Water District Join us for our annual Spring conference, always in San Francisco! Conference Co-Chairs: Gala Argent, M.A. Robert B. Maddow, Esq. Scott Shapiro, Esq.

Parc 55 Hotel 55 Cyril Magnin St. San Francisco

If you attend only one MCLE water law conference this year, make this the one!

REGISTER TODAY!

800-419-2741 or

Program

California Water Law & Policy

Thursday, April 22

Friday, April 23

8:30

Registration and Continental Breakfast

8:00

Continental Breakfast

9:00

Welcome, Overview of Day One: Program Co-Chairs Gala Argent, M.A., Argent Communications Group, Auburn Robert B. Maddow, Esq., Bold, Polisner, Maddow, Nelson & Judson, Walnut Creek

8:50

Critical Overview of Day Two: Program Co-Chairs Scott Shapiro, Esq., Downey Brand, Sacramento Gala Argent, M.A.

9:30

The Changing Focus of California’s Water Law: From “Extraction” to “Sustainability”? Antonio Rossmann, Esq., Rossmann & Moore

9:00

The Nexus between Water Supply, Flood Control and Climate Change: Implications for Water Management Michael Anderson, Ph.D., P.E., State Climatologist, California Department of Water Resources

10:30

BREAK

10:45

FEATURED PRESENTATIONS: • The Federal Role in California’s Water Picture: Administration Policies on Water Supply, Flood Control and Climate Change David Nawi, Senior Advisor to the Secretary of the Interior for California and Nevada • 2009-10: Landmark Legislative Changes for California Water, but How Much of a Difference Will It Make? Hon. Jared Huffman, Chair, California Assembly Committee on Water, Parks & Wildlife

10:00

FEATURED PRESENTATION: California’s Regulatory Response to Climate Change Adaptation Tony Brunello, Deputy Secretary for Climate Change and Energy, California Natural Resources Agency

10:45

BREAK

11:45

LUNCH BREAK

1:00

The Delta Water Legislation: Implications of the Delta Flow Criteria •The What, When and How of the Delta Flow Criteria Proceedings: Amending D-1641? Victoria Whitney, Deputy Director for Water Rights, State Water Resouces Control Board • Water Users Impacts: Upstream, In-Delta and Export Kevin O’Brien, Esq., Downey Brand • Is This Going to Do It?—The Environmental Perspective Cynthia Koehler, Esq., California Water Legislative Director, Environmental Defense

11:00

Opportunities and Challenges for “Adaptive Management” of Water Supplies • The Agricultural Response Jason Peltier, Chief Deputy General Manager, Westlands Water District • The Urban Response Jeffrey Kightlinger, General Manager and CEO, The Metropolitan Water District of Southern California • Adaptive Management in a Dynamic Ecosystem: What Kinds of Regulatory Assurances are Possible? Doug Obegi, Esq., Natural Resources Defense Council

12:15

LUNCH BREAK

1:30

The Role of Water Transfers, Groundwater Storage and Conjunctive Use • Problems and Possibilities Jeanne Zolezzi, Esq., Herum | Crabtree • Using Surface Water Storage and Conjunctive Use to Address Flood Control and Climate Change Impacts: Madera Ranch Water Bank Case Study Barbara Brenner, Esq., Stoel Rives

2:15

Further Impacts of the New State Water Legislation • Water Supply Management, Conservation, Groundwater Monitoring Paeter Garcia, Esq. Best, Best & Krieger • The New Water Legislation and Land Use Issues, Impacts on Urban Water Management Plans Scott Birkey, Esq., Cox, Castle and Nicholson

2:30

The Implications of the QSA Ruling on Colorado River Water Supplies Alene Taber, Esq., Jackson | DeMarco | Tidus | Peckenpaugh

3:00

BREAK

3:30

BREAK

3:45

Like Slogging through Mud: The Challenges of Implementing a Flood Protection Project in 2010 Moderator: Scott Shapiro, Esq. Downey Brand • Perspectives of a Program Manager Ric Reinhardt, P.E., Principal, MBK Engineers • Regulatory Complexities Emma Suarez, Member California Central Valley Flood Protection Board • Balancing Priorities and Keeping the Coalition Focused Christopher L. Cabaldon, Mayor, West Sacramento

3:15

Environmental Laws and Water Management • CEQA, Water and Climate Change Kristina Lawson, Esq., Miller Starr Regalia • The Endangered Species Act, Water Supply and Aquatic Species Ella Foley Gannon, Esq., Bingham McCutchen

4:00

Developing New Sources of Water: Water Quality Permitting Issues, Stormwater, Recycled Water, and Desalination Shawn Hagerty, Esq. Best, Best & Krieger

5:00

Adjourn to Networking Reception!

4:30  

The Upcoming Election Year and California’s Water Picture: What’s at Stake and What Can We Expect? Anthony Francois, Esq., KP Public Affairs

California Water Law & Policy

Faculty

PROGRAM CO-CHAIRS:

Gala Argent has served for 20 years as President of the legal publishing firm, Argent Communications Group, which produces monthly practice-oriented legal Reporters on water, land use, environmental and climate change law and policy. Prior to shifting solely to publishing in 1990, as a consultant Gala planned and administered a broad range of policy and communications-related projects for public and private sector clients—including the Central Valley Project Water Association, the California State Lands Commission, U.S. EPA’s San Francisco Estuary Project, and the American Desalting Association. This is the 25th California Water Law & Policy conference she has co-chaired.

David Nawi serves as Senior Advisor to the Secretary of the Interior for California and Nevada. He served from 1993 to 2001 as Regional Solicitor for the Pacific Southwest Region of the Department of the Interior. California water issues have been a principal focus of his positions with Interior. In private practice from 2001 to 2009 he specialized in mediating environmental disputes. He has served as General Counsel of the California Air Resources Board and as Santa Barbara County Counsel, and he was Of Counsel to Shute, Mihaly & Weinberger, LLP.

Robert B. Maddow is a shareholder in the law firm of Bold, Polisner, Maddow, Nelson & Judson, PC in Walnut Creek. Mr. Maddow practices in the areas of water, public agency and resource management law. Bob and the firm serve as General Counsel to Contra Costa Water District, the DSRSD-EBMUD Recycled Water Authority (DERWA), Dublin San Ramon Services District, North Marin Water District, Oakwood Lake Water District, and Valley of the Moon Water District. Bob and the firm also serve as Special Counsel to a number of private entities, ranging from individual property owners to golf courses, with regard to various surfacewater, groundwater, recycled water and stormwater issues.

Michael Anderson, Ph.D., P.E., State Climatologist, California Department of Water Resources, Sacramento

Scott L. Shapiro is a partner in the law firm of Downey Brand, LLP, in the firm’s Sacramento office. Scott practices in the areas of water law and litigation and also is licensed to practice law in Nevada and maintains a Nevada Law practice. Scott has developed special expertise in evaluating and demonstrating the availability of water supply for new uses, including assisting clients complying with SB 610 and SB221. Scott currently is helping clients implement more than $1 billion in flood protection improvement projects in California’s Central Valley, and advising them through the regulatory, contractual, financing, and legislative challenges they face in this.

FEATURED SPEAKERS:

Anthony J. Brunello was appointed by Governor Arnold Schwarzenegger in August 2007 to serve as the Deputy Secretary for Climate Change and Energy at the California Natural Resources Agency, the state agency responsible for managing California’s natural, cultural and historical resources. In this capacity, he is responsible for coordinating all climate change and energy activities of a cabinetlevel agency and advising the agency secretary on climate change and energy policy. Prior to joining Governor Schwarzenegger’s Administration, he managed all Europe and Eurasia international program efforts within the U.S. Forest Service. Anthony has worked extensively on climate and energy related issues developing greenhouse gas mitigation projects and analysis around the world.

Information

California Water Law & Policy

Assembly Member Jared Huffman was elected to the California State Assembly in 2006. Huffman’s priorities include protecting our environment; fighting global warming while creating jobs and building a “clean and green” 21st century economy; promoting sustainable water, land use and transportation policies; revitalizing public education; and reforming our broken health care system. Prior to his election, he was a Senior Attorney for the Natural Resources Defense Council (NRDC). One of his proudest accomplishments at NRDC was helping forge an agreement that is restoring a 153-mile stretch of the San Joaquin River in California’s Central Valley. He is one of the few attorneysturned-legislator who can claim to have never lost a trial or an election. Location and Lodging: The site of the program is the Parc 55 Hotel, 55 Cyril Magnin St., San Francisco, CA 94102. A block of rooms has been reserved at a special negotiated rate of $159. To register for your room at the discounted rate, call 800-697-3103, and ask for the “California Water Law” discount. Space is limited, so register by the March 31, 2010 cut-off date! Tuition: Conference tuition is $795. A discount of $100 is available for individuals from government agencies, public interest groups, or academia; for current subscribers to California Water Law & Policy Reporter; or for each attendee when two or more people from one firm or organization register together. Tuition includes attendance, program materials, continental breakfasts, morning and afternoon breaks, and a three-month subscription to California Water Law & Policy Reporter, or

FACULTY:

Scott Birkey, Esq., Cox, Castle and Nicholson, San Francisco Barbara Brenner, Esq., Stoel Rives, Sacramento Christopher, L. Cabaldon, Mayor, West Sacramento Anthony Francois, Esq., KP Public Affairs, Sacramento Ella Foley Gannon, Esq., Bingham McCutchen, San Francisco Paeter Garcia, Esq., Best, Best & Krieger, Riverside Shawn Hagerty, Esq., Best, Best & Krieger, San Diego Jeffrey Kightlinger, General Manager and CEO, Metropolitan Water District of Southern California, Los Angeles Cynthia Koehler, Esq, California Water Legislative Director, Environmental Defense, Oakland Kristina Lawson, Esq., Miller Starr Regalia, Walnut Creek Doug Obegi, Esq., Natural Resources Defense Council, San Francisco Kevin O’Brien, Esq., Downey Brand, Sacramento, Jason Peltier, Chief Deputy General Manager, Westlands Water District, Fresno Ric Reinhardt, P.E., Principal, MBK Engineers, Sacramento Antonio Rossmann, Esq., Rossmann & Moore, San Francisco Emma Suarez, Member, Central Valley Flood Protection Board, Sacramento Alene Taber, Esq., Jackson | DeMarco | Tidus | Peckenpaugh, Irvine Victoria Whitney, Deputy Director for Water Rights, State Water Resources Control Board, Sacramento Jeanne Zolezzi, Esq., Herum | Crabtree, Stockton

Climate Change Law & Policy Reporter (a $150 value). Four Ways to Register: Early registration is encouraged. To register: (1) Call 800-4192741; (2) Mail the completed registration form on the reverse to: Argent Communications Group, PO Box 506, Auburn, CA 95604-0506; (3) Fax the completed form to 530-852-0360; or (4) email to . Full payment or purchase order is due with registration. MCLE Credit: MCLE accreditation has been requested for this program. Pending MCLE accreditation approval by the State Bar of California for up to 12 hours. Cancellation Policy: Full refunds (less a $50 processing fee) will be made only if notice is received by April 9, 2010. Substitutions are acceptable. Argent Communications Group reserves the right to cancel any program and assumes no responsibility for personal expense.

25th Conference Program!

California Water Law & Policy April 22-23, 2010 • Parc 55 Hotel • San Francisco

REGISTRATION FORM

Yes! Please register the following: Name: _________________________________________ Email: _______________________________________ Name: _________________________________________ Email: _______________________________________ Name: _________________________________________ Email: _______________________________________ Firm/Agency: ____________________________________ Address: _______________________________________ City: _____________________St: _____Zip:___________ Phone: _________________________________________

PAYMENT METHOD: Check enclosed. Payable to Argent Communications Group P.O. attached. OR Exp Date: __________ MasterCard Visa Charge my:

Card #:_____________________________________________________ Signature (required):_________________________________________ Phone number (required):_____________________________________

A

RGENT COMMUNICATIONS GROUP

P.O. Box 506 Auburn, CA 95604-0506

PRSRT STD U.S. POSTAGE PAID MMS

TUITION: $795 per person, or $695 each for two or more from the same firm, or $695 government and nonprofit employees, or $595 each for two or more government and nonprofit employees

25th Conference Program!

California Water Law & Policy April 22-23, 2010 • Parc 55 Hotel • San Francisco

California’s Changing Water Picture: Governance, Water Supply, Flood Control, and Climate Change Adaptation IN-DEPTH COVERAGE OF THE LEGAL, REGULATORY AND POLICY ISSUES AFFECTING CALIFORNIA’S WATER PICTURE, INCLUDING FEATURED PRESENTATIONS BY: Anthony J. Brunello Deputy Secretary for Climate Change and Energy, California Natural Resources Agency

Hon. Jared Huffman Chair, Assembly Committee on Water, Parks and Wildlife

David Nawi Senior Advisor to the Secretary of the Interior for California and Nevada.

REGISTER TODAY! 800-419-2741 or