Section of Environment, Energy, and Resources
Eastern Water Resources:
Emerging Issues in Competition, Science and Politics
May 11, 2006
Hyatt Regency
Miami, Florida
Conference Schedule
Thursday, May 11, 20067:00 a.m.
Registration
7:45 a.m. – 8:00 a.m.
Introduction and Welcome
Steven T. Miano, Program Co-chair, WolfBlock LLP, Philadelphia, PA
Michelle Diffenderfer, Program Co-chair, Lewis, Longman & Walker, P.A., West Palm Beach, FL
8:00 a.m. – 9:30 a.m.
Plenary Presentation #1
State Law and Federal Administrative Mechanisms for Protecting Instream Flows: Key Issues in the East
As an introduction to the many diverse issues covered by the conference, this panel will discuss a central topic of increasing importance and debate in the East – the protection of instream flows. This panel will introduce the importance of stream flow protection and provide a survey of the various regulatory mechanisms that are being developed and used for protection of natural flows in the eastern United States. As part of the discussion, the panelists will describe some of the many issues involved in protecting water resources in the east, including, species protection, water quality, water quantity, protection of water rights and uses and the emerging science in the area. The panel will provide commentary on these issues from the perspective of different water users, including federal, tribal, state and local governments and environmental organizations.
Moderator:
Adell Amos, Assistant Professor, Director, Environmental and Natural Resources Law Program, University of Oregon, School of Law, Eugene, OR
Panelists:
Michelle Diffenderfer, Shareholder, Lewis, Longman & Walker, P.A., West Palm Beach, FL
Jonathan C. Kaledin, New York State Counsel, The Nature Conservancy, Troy, NY
Chuck Pettee, Chief, Water Rights Branch, National Park Service, Fort Collins, CO
9:30 a.m. – 9:45 a.m.
Break
9:45 a.m. - 11:15 a.m.
Plenary Presentation #2
Science Issues in Water Withdrawals
This panel will provide an overview of current science applications and issues associated with water withdrawal proposals. It will examine the methods used to evaluate the relationships associated with withdrawals from ground and surface water sources, beginning with direct and indirect hydrologic effects and progressing to fish habitat and aquatic ecosystem impacts. Participants will hear about specific science-applications tools, but most importantly, will see a framework for anticipating and addressing key issues inherent to most water withdrawal debates currently occurring on the East Coast. It will also examine the public policy techniques available for dealing with scientific uncertainty (including adaptive management arrangements).
Moderator:
R. Timothy Weston, Partner, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA
Panelists:
Anthony J. Bonasera, Hydrogeologist, Delaware River Basin Commission, West Trenton, NJ
Kenneth J. Wagner, Ph.D., CLM, Water Resources Manager, ENSR, Willington, CT
11:15 a.m. – 12:30 p.m.
Breakout Session 1
The Nuts and Bolts of Eastern Water Law
This breakout session is designed to provide attendees with an understanding of the basics of eastern water law concepts. The panelists are nationally recognized authorities on water law, and in particular eastern water law. The two leading approaches to Water Law in the East - riparian rights, and regulated riparianism - will be discussed in detail. In addition, the panelists will discuss some western water law concepts, such as appropriative rights, in order to highlight both contrasts and similarities.
Moderator:
Steven T. Miano, Partner, Environmental Practice Group, WolfBlock LLP, Philadelphia, PA
Panelists:
Bo Abrams, Professor of Law, Florida A&M University College of Law, Orlando, FL
Joseph Dellapenna, Professor of Law, Villanova University School of Law, Villanova, PA
11:15 a.m. – 12:30 p.m.
Breakout Session 2
When Worlds Collide – Quantity vs. Quality
The tension between the authority over water quantity and water quality is at the brink. EPA and the States’ regulatory jurisdiction over the movement of water transfers are being contested in courts of New York, Florida and Maine. Those cases fall on the heels of EPA’s 2005 Legal Interpretation of the Applicability of NPDES to Water Transfers. Panelists will explore ramifications of these events across Clean Water Act programs, from direct influences upon the National Pollutant Discharge Elimination System and Section 401 State Water Quality Certification program to a more uncertain interplay with TMDL’s and Section 404 dredge and fill permitting. Couple these developments with the post-SWANCC cases before the Supreme Court this term and our worlds are bound to never look the same.
Moderator:
James Nutt, Senior Specialist Attorney, South Florida Water Management District, West Palm Beach, FL
Panelists:
Alexandra Dapolito Dunn,General Counsel, National Association of Clean Water Agencies, Washington, DC
Andrew Fahlund, Vice President for Protection & Restoration, American Rivers, Washington, DC
Hilary Meltzer, Senior Counsel, Environmental Law Division, New York City Law Department, New York, NY
12:30 p.m. – 1:00 p.m.
Lunch
1:00 p.m. – 2:00 p.m.
Keynote Address
Featured Speaker:
Benjamin H. Grumbles, Assistant Administrator, Office of Water, U.S. Environmental Protection Agency, Washington, DC (invited)
2:00 p.m. – 3:15 p.m.
Breakout Session 3
Hot Water: A Brief Survey of Important New Cases and Issues in Water Quantity and Allocation
The management, movement, and allocation of water resources figure prominently in pending and looming cases before the U.S. Supreme Court and federal appellate and district courts. While the Bureau of Reclamation is most often the storing agency in the west, many eastern dams and reservoirs are operated by the Corps. Application of the Endangered Species Act promises increasing conflict in the east. Panelists will provide a quick overview of key cases of note, including New Jersey v. Delaware, Kansas v. Colorado, Carabell/Rapanos, ACF/ACT Basins cases (Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapoosa), Defenders of Wildlife, and Silvery Minnow; will identify trends to look for in the coming year; and will discuss the applicability of decisions in the west to water resource issues in the east.
Moderator:
Scott C. Miller, Partner, Patrick, Miller & Kropf, P.C., Aspen, CO
Panelists:
John B. Draper, Montgomery & Andrews, PA, Santa Fe, NM
Patrick Parenteau, Professor of Law, Director, Environmental and Natural Resources Law Clinic, Vermont Law School, South Royalton, VT
Vail T. Thorne, The Coca-Cola Company, Atlanta, GA
2:00 p.m. – 3:15 p.m.
Break Out Session 4
Protecting Instream Flows: The Science Behind the Law
Confronted with increased demands for water and corresponding pressure on rivers and streams, many eastern states are in the process of scrutinizing their laws and regulations governing protection of instream flows. Some state agencies, like those in Connecticut, Maine and New Hampshire, have legislative mandates to develop new streamflow standards over a fairly short period of time. This panel will involve a more detailed discussion on some of the basic concepts introduced in the morning plenary science session, some of the different models state agencies are using to develop streamflow standards, and how the science is ultimately driving the law and allocation decisions in this area.
Moderator:
Daniel P. Sheer, Ph.D., P.E., President, HydroLogics, Columbia, MD
Panelists:
Rick Jacobson, Connecticut Department of Environmental Protection, Bureau of Natural Resources/Fisheries Division, Hartford, CT
Brandon Kulik, Senior Fisheries Biologist, Kleinschmidt Energy & Water Resources, Pittsfield, ME
3:15 p.m. – 3:30 p.m.
Break
3:30 p.m. – 5:00 p.m.
Plenary Session
Water Wars: The Politics and Direction of Eastern Water Rights Issues
The politics of water rights and use is heating up and promising to spill over in the coming years. This is occurring on the international, national, regional, and local fronts, including in the Eastern United States. Issues like water scarcity, increasing population and urbanization, economic growth patterns, and environmental concerns over habitat maintenance and necessary water flow are driving the changing politics of water. Disputes over water rights and use are emerging at all levels of government and in our local communities. This panel will examine the changing winds of water politics, what they look like today, and what they are likely to look like in the future and why. The panel will bring together experts from both the public and private sectors who are actively engaged in the political arena and what's happening to transform the politics of water.
Moderator:
Kirt Mayland, Director of the Eastern Water Project, Trout Unlimited, Lakeville, CT
Panelists:
Henry Dean, Henry Dean & Associates, LLC, St. Augustine, FL
Patrick Donoho, Vice President, Government Relations, International Bottled Water Association, Alexandria, VA
William R. Rustem, President and CEO, Public Sector Consultants, Inc., Lansing, MI
5:00 p.m.
Closing Remarks
